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Untitled HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW DETAILED OUTLINE INTERNATIONAL INVESTMENT LAW (FOR HLU INTERNAL USE ONLY) Semester 1, Academic Year 2021 2022 1 lOMoARcPSD.
lOMoARcPSD|15978022 HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW DETAILED OUTLINE INTERNATIONAL INVESTMENT LAW (FOR HLU INTERNAL USE ONLY) Semester 1, Academic Year 2021-2022 lOMoARcPSD|15978022 HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW DEPARTMENT OF MULTILATERAL TRADE AND INTERNATIONAL INVESTMENT LAW Degree level: Course: Number of credits: Course type Bachelor of Laws International Investment Law 02 Elective LECTURER INFORMATION No Name Ngo Trong Quan Doan Thanh Huyen Nguyen Ba Binh 10 11 Nguyen Thi Anh Tho Nguyen Mai Linh Trinh Hai Yen Lai Thi Van Anh Nguyen Thi Nhung Dinh Anh Tuyet Nguyen Huu Phu Vo Le Nam Title LL.M LL.M Assoc.Prof LL.M LL.M Ph.D LL.M LL.M LL.M LL.M LL.M Email ngotrongquancbg@gmail.com huyendt@hlu.edu.vn nguyenbabinh@hotmail.com Tel 04.37731787 04.37731787 04.37731787 nguyenanhtho0102@yahoo.com mailinhnguyen110@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 Office of Department of Multilateral Trade and International Investment Law Room A1401, Building A, Hanoi Law University No 87, Nguyen Chi Thanh Street, Dong Da, Ha Noi Working hours: 8h00 – 17h00 everyday (except for Saturday, Sunday, and holidays) PREREQUISITES - Commercial Law (CNBB12) - Commercial Law (CNBB13) - Public International Law (CNBB17) COURSE DESCRIPTION lOMoARcPSD|15978022 International investment law has been emerging as a distinct and dynamic field of international law The course on International Investment Law provides the basic knowledge of the legal system governing investment liberalization, investment protection, the institutional, economic and political influence on international investment This course aims to introduce students to the standards of treatment of foreign investments and resolution of foreign investment disputes The main topics in the course include: 1) Overview of International Investment and International Investment Law 2) Fundamental Principles of International Investment Law 3) Viet Nam and International Investment Law CONTENTS OF THE COURSE Issue Overview of International Investment and International Investment Law 1.1 Globalization and International Investment 1.2 Historical Development of International Investment Law 1.3 Defining the Scope of Investment Treaties 1.4 Sources of International Investment Law Issue Fundamental Principles of International Investment Law 2.1 Most Favoured Nation (MFN) 2.2 National Treatment (NT) 2.3 Fair and Equitable Treatment (FET) 2.4 Full Protection and Security (FPS) 2.5 Protection against Unlawful Expropriation (Takings) 2.6 Investor-State Dispute Settlement (ISDS) 2.7 Umbrella Clause and Other Principles of Investment Protection 2.8 Exceptions to the Principles of International Investment Law Issue Viet Nam and International Investment Law 3.1 International Commitments of Vietnam Regarding Investment 3.2 Vietnamese Law Regulating International Investment Relations 3.3 Vietnam’s Investor-State Dispute Settlement (ISDS) LEARNING OUTCOMES This course aims at introducing students to the core principles of international investment law and lOMoARcPSD|15978022 investment dispute settlement mechanism Students are encouraged to reflect on the economic activity of foreign direct investment in its political and social context Upon completion of the course, students will be able to: 5.1 Knowledge K1 Understand the historical context, sources and fundamental principles of international investment law; K2 Understand and interpret the international investment law texts, especially investment treaties and investment disputes; K3 Understand the investor-state dispute settlement mechanism (ISDS) and international investment arbitration in particular; K4 Understand the policies and legal framework in Vietnam regulating international investment relations; K5 Apply the substantive and procedural principles of international investment law to explain the specific situations in relationships between foreign investors and host states; K6 Apply legal English in the field of international investment law 5.2 Skills S7 Search for and update international investment agreements and case law; S8 Conduct research on international investment law and arbitration; S9 Design and deliver a presentation on international investment law; S10 Work independently and collaboratively with other students to prepare a research paper; S11 Develop arguments and critical thinking to solve practical situations in international investment law 5.3 Capacity C12 Be confident, willing to acquire new knowledge and open to different viewpoints in the field; C13 Develop a sense of honesty, striving for progress and protection of justice; C14 Develop a sense of respect and compliance with the law; C15 Develop professional working ethics lOMoARcPSD|15978022 DETAILED OBJECTIVES Objective Level Issue 1A1 Introducing history of Level the 1B1 Analysing the reasons 1C1 Giving comments economic that globalization and have international investment 1A2 Presenting Level investment come dominant to treaties on the the ways investors play role a can protect their rights in in the host countries the investment protection 1C2 Giving comments historical development of 1B2 Analysing the concept on the current features of Overview of International Investment and International Investment Law international investment of political risk insurance treaty law as an alternative or a arbitral to 1A3 Listing sources of supplement international investment protection and practice and in treaty international investment dispute law settlement law practice 1C3 Giving comments different 1B3 Analysing the scope on the current features of practice and aspects in the scope of of a particular investment treaty treaty in terms of covered arbitral practice in investment treaties 1A4 Listing and 1A5 Listing customary investor international law investment covered international investment law foreign 1B4 Analysing the scope of a particular investment investment relationships governing treaty in terms of covered investor 2A1 Identifying and covered investment the 2B1 Analysing the 2C1 Assessing the Fundamental components of the most interpretations of MFN by importance of the like circumstance Principles of favoured nation (MFN) investment tribunals International principle Investment Law 2A2 Identifying components the requirement of the interpretations of NT by relevance jurisprudence the investment tribunals 2B2 of Analysing and WTO national treatment (NT) 2B3 Analysing the 2C2 Giving comments principle relationship between the on the impact of fair and lOMoARcPSD|15978022 2A3 Identifying elements of fair the international minimum equitable treatment and standard of treatment and principle on investment equitable treatment (FET) FET principle 2B4 liberalization Analysing the 2C3 Comparing the fair 2A4 Presenting the scope interpretation of FET in and equitable treatment of full protection and investment disputes security (FPS) standard 2A5 Presenting 2B5 standard with the full the protection and security FPS in standard Analysing the application of content of protection of investment disputes 2C4 Giving comments foreign investors against 2B6 Distinguishing lawful on recent developments unlawful expropriation limitations of and unlawful, direct and and 2A6 Presenting methods investment arbitration the indirect expropriation of resolving 2B7 Distinguishing the 2C5 Assessing the investor-state disputes sole-effect doctrine and jurisprudence approaches interpretation of 2A7 Presenting the police power doctrine in to content of other principles determination of indirect umbrella clauses of investment protection expropriation 2C6 Assessing the role (umbrella clause, transfer 2B8 Analysing of funds, movement of advantages natural exceptions in the of regulatory and protecting persons, disadvantages of investor- space of host states performance state arbitration requirements) 2B9 Analysing Presenting advantages exceptions of the basic disadvantages 2A8 2C7 Evaluating the pros the and cons of an appellate and review mechanism in of investment arbitration principles of international diplomatic protection investment law 2B10 Analysing criticisms Viet Nam and against ISDS 3A1 Presenting the WTO, 3B1 Analysing the content 3C1 Giving comments FTA and BIT of investment treaties of on commitments of Vietnam Vietnam International regarding international 3B2 the Vietnam’s commitments in recent Analysing investment treaties or lOMoARcPSD|15978022 investment Vietnamese law regulating investment chapters of the international Vietnamese legal system relations regulating trade agreements (CPTPP and EVIPA) international 3B3 Analysing the major 3C2 Giving comments investment relations Investment investment free Presenting 3A2 differences between on the practice of and new Vietnam’s ISDS the traditional investment 3C3 Giving comments coordination process of generation treaties of Vietnam ISDS in Vietnam on the new investor-state 3A3 Law Presenting dispute settlement mechanism in EVIPA SYNTHESIS OF THE DETAILED OBJECTIVES Objectives Level Level Level Total Issue 12 Issue 10 25 Issue 3 3 Total 16 17 13 46 Issue MATRIX Issue Issue Knowledge Objectiv e K1 K2 1A1 1A2 K3 K4 Skills Capacity K5 K6 S7 S8 S9 S10 S11 C12 C13 C14 C15 1A3 1A4 lOMoARcPSD|15978022 Issue 1A5 1B1 1B2 1B3 1B4 1C1 1C2 1C3 2A1 2A2 2A3 2A4 2A5 2A6 2A7 2A8 2B1 2B2 2B3 2B4 2B5 2B6 2B7 2B8 lOMoARcPSD|15978022 Issue 2B9 2B10 2C1 2C2 2C3 2C4 2C5 2C6 2C7 3A1 3A2 3A3 3B1 3B2 3B3 3C1 3C2 3C3 READING MATERIALS Compulsory Readings Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017 (This Bilingual Textbook was published within the framework of the EU-MUTRAP Project and can be downloaded at http://pltmqt.hlu.edu.vn/SubNews/Details/17088) Optional Readings * Books Andrew Newcombe, LLuis Paradell, Law and Practice of Investment Treaties: Standards of lOMoARcPSD|15978022 Treatment, Kluwer Law International, 2009 Jurgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge University Press, 2016 M Sornarajah, The International Law on Foreign Investment, Cambridge University Press, Third Edition, 2010 Marie-Claire Cordonier Segger, Markus W Gehring, Andrew Newcombe, Sustainable Development in World Investment Law, Kluwer Law International, 2011 Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good Governance, Hart Publishing, 2018 Peter Muchlinski, Federico Ortino, and Christoph Schreuer, The Oxford Handbook of International Investment Law, Oxford University Press, 2008 Surya P Subedi, International Investment Law - Reconciling Policy and Principle, Hart Publishing, Third Edition, 2016 Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia of International Economic Law, Edward Elgar Publishing, 2017 * Legal texts and reports 10 lOMoARcPSD|15978022 The ICSID Convention 1965 The New York Convention 1958 The ASEAN Comprehensive Investment Agreement (ACIA) 2009 The North American Free Trade Agreement (NAFTA) 1994 The European Union – Vietnam Investment Protection Agreement (IPA) 2019 The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) 2018 The Vienna Convention on the Law of Treaties (VCLT) 1969 International Law Commission Draft Articles on Responsibility of States for Internationally Wrongful Acts 2001 2012 US Model Bilateral Investment Treaty, https://2009-2017.state.gov/documents/organization/188371.pdf 10 Decision No 14/2020/QD-TTg dated 08 April 2020 on Promulgation of Regulation on Coordination in Resolution of International Investment Disputes 11 WTO, Report of the Working Party on the Accession of Viet Nam and Viet Nam’s WTO Commitments, https://www.wto.org/english/thewto_e/acc_e/a1_vietnam_e.htm 12 WTO, Trade Policy Review: Viet Nam, https://www.wto.org/english/tratop_e/tpr_e/tp387_e.htm 13 UNCTAD, UNCTAD Series on Issues in International Investment Agreements I/II https://unctad.org/en/Pages/Publications/Series.aspx 14 UNCTAD, Investment Policy Review: Vietnam, 2008, https://unctad.org/en/pages/PublicationArchive.aspx?publicationid=521 15 OECD, OECD Investment Policy Reviews: Vietnam 2018, https://aanzfta.asean.org/uploads/2018/12/OECD-Investment-Policy-Review-Viet-Nam-2018.pdf 16 OECD, OECD Investment Policy Reviews: Southeast Asia, 2018, https://www.oecd.org/daf/inv/investment-policy/Southeast-Asia-Investment-Policy-Review2019.pdf 17 World Bank, 2019 Investment Policy and Regulatory Review – Vietnam, https://openknowledge.worldbank.org/bitstream/handle/10986/33598/Vietnam-2019-InvestmentPolicy-and-Regulatory-Review.pdf?sequence=1&isAllowed=y 18 ASEAN Secretariat, ASEAN Comprehensive Investment Agreement (ACIA) – A Guidebook for Businesses and Investors, 2013, http://aadcp2.org/asean-comprehensive-investment-agreement-aguidebook-for-businesses-and-investors/ 11 lOMoARcPSD|15978022 19 Other International Investment Agreements * Websites UNCTAD, https://investmentpolicy.unctad.org/ UNCITRAL, http://www.uncitral.org ICSID, http://icsid.worldbank.org WTO, http://www.wto.org USTR, http://www.ustr.gov EU, https://ec.europa.eu/trade/ WTO Center, http://www.trungtamwto.vn/ https://www.italaw.com/ http://www.investment-law-digest.com/ 10 https://www.iisd.org/itn/ 11 https://moj.gov.vn/Pages/home.aspx TEACHING AND LEARNING METHODS/APPROACHES - A combination of different teaching and learning methods, including: Lecture; Socrates; Case Method; Workshop; Teamwork Presentation; and Others - Students are required to read the materials before attending class and to participate actively in class discussion 10 COURSE SCHEDULE AND TEACHING PLAN 10.1 COURSE SCHEDULE Week Issue Lecture Seminar Team work Selfstudy 2 2 (0) (4) (4) (2) (2) (2) (3) (3) (3) 2 (4) (2) (3) Total of Assignment Receiving Assignments Submitting Teamwork Assignment credit hours 6 6 12 Downloaded by Quang Quang (khoa31141020806@gmail.com) lOMoARcPSD|15978022 (4) (2) (3) Submitting Semester Assignment 12 sessions 16 sessions 10 sessions 15 sessions Total of 12 credit hours 5 30 10.2 TEACHING PLAN WEEK – ISSUE Format Credit hours Main contents Requirements for preparation - Reading the Course Outline - Introduction of the Course Lecture - Reading: credit - Overview of International Investment + Hanoi Law University, on International hours and International Investment Law Textbook Investment Law, Youth (Definition, History, Sources) Publishing House, Hanoi, 2017, Chapter One, Sections 1,2,3,5 - Reading: Lecture 2 credit - Scope of Invesment Treaties hours - Formation of teams Teamwork Self-study + Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017, Chapter One, Section - Reading the materials and the teamwork assignments credit - Discussion of teamwork assignments hour - Outlining the discussion contents and allocation of tasks - Reviewing the lecture notes credit Structure of an international investment - Reading the materials and cases hour agreement cited in textbook - Scope: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Consultation - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 13 Downloaded by Quang Quang (khoa31141020806@gmail.com) lOMoARcPSD|15978022 WEEK – ISSUE Format Lecture Credit hours Main contents Fundamental Principles credit International Investment Law hours + Most-Favored Nation (MFN) Requirements for preparation of - Reading: + Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017, Chapter Two and Three + National Treatment (NT) Seminar 1 credit Discussion about Most-Favored- - Reading Textbook and lecture notes hour Nation Treatment Principle - Questions given by lecturer Seminar credit Discussion about National Treatment - Reading Textbook and lecture notes hour Principle - Questions given by lecturer Teamwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture content - Reviewing the lecture notes Self-study + The application of MFN and NT Principles in investment dispute - Reading the materials and cases credit practices (cases) hour + Umbrella Clause and Other cited in textbook Principles of International Investment Law - Scope: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Consultation - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Format Lecture Credit hours Main contents credit Fundamental Principles hours International Investment Law Requirements for preparation of - Reading: + Hanoi Law University, Textbook + Fair and Equitable Treatment on International Investment Law, 14 Downloaded by Quang Quang (khoa31141020806@gmail.com) lOMoARcPSD|15978022 (FET) and Full Protection Security (FPS) + Protection Expropriation Seminar Seminar against and Youth Publishing House, Hanoi, Unlawful 2017, Chapter Four and Five credit Discussion about FET and FPS hour - Reading Textbook and lecture notes credit Discussion about Expropriation hour - Reading Textbook and lecture notes - Questions given by lecturer - Questions given by lecturer Teamwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture content - Reviewing the lecture notes Self-study + Interpretation of FET, FPS and expropriation in investment dispute - Reading the materials and cases credit settlement (cases) cited in textbook hour + Exceptions to the Principles of International Investment Law - Scope: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Consultation - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Format Credit hours Lecture - Reading: Fundamental Principles of + Hanoi Law University, Textbook credit International Investment Law on International Investment Law, hours + Investor-State Dispute Settlement Youth Publishing House, Hanoi, (ISDS) Mechanism 2017, Chapter Six Seminar Main contents Requirements for preparation credit Discussion about: - Reading Textbook and lecture notes hour + Methods of Investor-State Dispute - Questions given by lecturer Settlement 15 Downloaded by Quang Quang (khoa31141020806@gmail.com) lOMoARcPSD|15978022 + Jurisdictional Issues in Investment Arbitration Seminar Discussion about Procedural Issues in - Reading Textbook and lecture notes credit Investment Arbitration hour - Questions given by lecturer * Submitting Teamwork Assignment Teamwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture - Reviewing the lecture notes Self-study - Procedural aspects of ISDS (cases) credit - Reading the materials and cases - Other Principles of International hour cited in textbook Investment Law - Scope: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Consultation - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Format Credit hours Main contents Vietnam and Investment Law: Lecture International Requirements for preparation - Reading: + Hanoi Law University, Textbook credit + International Commitments of on International Investment Law, hours Vietnam regarding Investment Youth Publishing House, Hanoi, + Vietnam’s ISDS Coordination 2017, Chapter Ten and Twelve Mechanism Discussion about: Seminar Seminar + Recent Investment Treaties of - Reading Textbook and lecture notes credit Vietnam (E.g EVIPA, CPTPP) hour - Questions given by lecturer + Vietnam’s ISDS Coordination Mechanism credit Presentation of Teamwork Assignment - Reading Textbook and lecture notes hour Submitting Semester Assignment - Questions given by lecturer 16 Downloaded by Quang Quang (khoa31141020806@gmail.com) lOMoARcPSD|15978022 Teamwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture - Reviewing the lecture notes Self-study credit Vietnamese Law Regulating - Reading the materials in textbook hour International Investment Relations - Scope: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Consultation - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 11 ASSESSMENT No Type of assignment Weight Participation 10% Requirements - Form: Attendance and In-class Contribution - Form: 3-5 page Essay (Appendix excluded, if any, 01 Teamwork every two extra pages will be subtracted 01 point) Assignment 15% and Oral Presentation - Content: Questions relating to the knowledge of whole course - Form: 3-5 page Essay (Appendix excluded, if any, every two extra pages will be subtracted 01 point) 01 Semester Assignment 15% - Content: Questions relating to the knowledge of whole course Final Exam 60% Total 100% - Form: Multiple-Choice Test 12 OTHER REQUIREMENTS - Plagiarism in any forms will result in FAIL for the related academic work - Cheating on any exam also results in FAIL to the student who commits the cheating and to the person who allows others to copy his/her work - No excuses for the ignorance of the guidelines for academic works set by Hanoi Law University 17 Downloaded by Quang Quang (khoa31141020806@gmail.com) ... include: 1) Overview of International Investment and International Investment Law 2) Fundamental Principles of International Investment Law 3) Viet Nam and International Investment Law CONTENTS OF THE... International Investment and International Investment Law 1.1 Globalization and International Investment 1.2 Historical Development of International Investment Law 1.3 Defining the Scope of Investment. .. International Investment Law Issue Viet Nam and International Investment Law 3.1 International Commitments of Vietnam Regarding Investment 3.2 Vietnamese Law Regulating International Investment