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International Investment Law - 2TC
International Investment Law - 2TC
International Investment Law - 2TC
APPROVAL OF PRINCIPAL
DETAILED OUTLINE
HANOI – 2022
FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW
5
S11
T12
T13
T14
T15
6. LEARNING OBJECTIVES
6.1. Detailed learning objectives
Objective
Level 1 Level 2 Level 3
Issue
1A1. Introducing 1B1. Analysing 1C1. Giving
the history of the reasons that comments on
economic investment the the ways
globalization and treaties have investors can
international come to play a protect their
investment. dominant role in rights in the
1A2. Presenting investment host countries.
the historical protection. 1C2. Giving
1.
development of 1B2. Analysing comments on
Overview of
international the concept of the current
International
investment law. political risk features of
Investment
1A3. Listing insurance as an treaty practice
and
sources of alternative or a and arbitral
International
international supplement to practice in
Investment
investment law. treaty protection international
Law
1A4. Listing and dispute investment law.
different aspects settlement. 1C3. Giving
in the scope of 1B3. Analysing comments on
investment the scope of a the current
treaties. particular features of
1A5. Listing investment treaty treaty practice
customary in terms of and arbitral
international law covered investor practice in
6
governing and covered international
foreign investment. investment law.
investment 1B4. Analysing
relationships. the scope of a
particular
investment treaty
in terms of
covered investor
and covered
investment.
2. 2A1. Identifying 2B1. Analysing 2C1. Assessing
Fundamental the components the the importance
Principles of of the most interpretations of of the like
International favoured nation MFN by circumstance
Investment (MFN) principle. investment requirement and
Law 2A2. Identifying tribunals. relevance of
the components 2B2. Analysing WTO
of the national the jurisprudence.
treatment (NT) interpretations of 2C2. Giving
principle. NT by investment comments on
2A3. Identifying tribunals. the impact of
the elements of 2B3. Analysing fair and
fair and equitable the relationship equitable
treatment (FET) between the treatment
principle. international principle on
2A4. Presenting minimum investment
the scope of full standard of liberalization.
protection and treatment and 2C3.
security (FPS) FET. Comparing the
standard. 2B4. Analysing fair and
2A5. Presenting the interpretation equitable
the content of of FET in treatment
protection of investment standard with
foreign investors disputes the full
7
against unlawful 2B5. Analysing protection and
expropriation. the application of security
2A6. Presenting FPS in standard.
the methods of investment 2C4. Giving
resolving disputes. comments on
investor-state 2B6. recent
disputes. Distinguishing developments
2A7. Presenting lawful and and limitations
the content of unlawful, direct of investment
other principles and indirect arbitration.
of investment expropriation. 2C5. Assessing
protection 2B7. the
(umbrella clause, Distinguishing jurisprudence
transfer of funds, the sole-effect approaches to
movement of doctrine and interpretation of
natural persons, police power umbrella
performance doctrine in clauses.
requirements). determination of 2C6. Assessing
2A8. Presenting indirect the role of
exceptions of the expropriation exceptions in
basic principles 2B8. Analysing protecting
of international the advantages regulatory space
investment law. and of host states.
disadvantages of 2C7. Evaluating
investor-state the pros and
arbitration. cons of an
2B9. Analysing appellate review
the advantages mechanism in
and investment
disadvantages of arbitration
diplomatic
protection.
2B10. Analysing
criticisms against
8
ISDS.
3A1. Presenting 3B1. Analysing 3C1. Giving
the WTO, FTA the content of comments on
and BIT investment the Vietnam’s
commitments of treaties of commitments in
Vietnam Vietnam recent
regarding 3B2. Analysing investment
international Vietnamese law treaties or
investment regulating investment
3A2. Presenting international chapters of free
the Vietnamese investment trade
legal system relations. agreements
3.
regulating 3B3. Analysing (CPTPP and
Viet Nam
international the major EVIPA).
and
investment differences 3C2. Giving
International
relations between comments on
Investment
3A3. Presenting traditional and the practice of
Law
the coordination new generation Vietnam’s
process of ISDS investment ISDS.
in Vietnam treaties of 3C3. Giving
Vietnam comments on
the new
investor-state
dispute
settlement
mechanism in
EVIPA.
10
2B5
2B6
2B7
2B8
2B9
2B10
2C1
2C2
2C3
2C4
2C5
2C6
2C7
3A1
3A2
3A3
3B1
3B2
3B3
3C1
3C2
3C3
8. READING MATERIALS
8.1. Compulsory Materials
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).
8.2. Recommended Materials
* Books
1. Andrew Newcombe, LLuis Paradell, Law and Practice of Investment
Treaties: Standards of Treatment, Kluwer Law International, 2009.
11
2. August Reinisch, Advanced Introduction to International Investment
Law, Edward Elgar Publishing, 2020.
3. C. L. Lim, Jean Ho, Martins Paparinskis, International Investment Law
and Arbitration: Commentary, Awards and other Materials (2nd edition),
Cambridge University Press, 2021.
4. Jean Ho, State Responsibility for Breaches of Investment Contracts,
Cambridge University Press, 2018.
5. Jeffery Commission and Rahim Moloo, Procedural Issues in
International Investment Arbitration, Oxford University Press, 2018.
6. Johanne M. Cox, Expropriation in Investment Treaty Arbitration,
Oxford University Press, 2019.
7. Jurgen Kurtz, The WTO and International Investment Law: Converging
Systems, Cambridge University Press, 2016.
8. M. Sornarajah, The International Law on Foreign Investment,
Cambridge University Press, Third Edition, 2010.
9. Marie-Claire Cordonier Segger, Markus W. Gehring, Andrew
Newcombe, Sustainable Development in World Investment Law, Kluwer
Law International, 2011.
10. Mavluda Sattorova, The Impact of Investment Treaty Law on Host
States: Enabling Good Governance, Hart Publishing, 2018.
11. Peter Muchlinski, Federico Ortino, and Christoph Schreuer, The Oxford
Handbook of International Investment Law, Oxford University Press,
2008.
12. Peter Muchlinski, Multinational Enterprises and the Law (Third
Edition), Oxford University Press, 2019.
13. Surya P. Subedi, International Investment Law - Reconciling Policy
and Principle, Hart Publishing, Third Edition, 2020.
14. Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia
of International Economic Law, Edward Elgar Publishing, 2017.
15. Wongkaew Teerawat, Protection of Legitimate Expectations in
Investment Treaty Arbitration, Cambridge University Press, 2019.
16. Yannick Radi, Rules and Practices of International Investment Law and
Arbitration, Cambridge University Press, 2020.
* Legal texts and reports
12
1. The ICSID Convention 1965.
2. The New York Convention 1958.
3. The ASEAN Comprehensive Investment Agreement (ACIA) 2009.
4. The North American Free Trade Agreement (NAFTA) 1994.
5. The European Union – Vietnam Investment Protection Agreement
(EVIPA) 2019.
6. The Comprehensive and Progressive Agreement for Trans-Pacific
Partnership (CPTPP) 2018.
7. The Vienna Convention on the Law of Treaties (VCLT) 1969.
8. International Law Commission Draft Articles on Responsibility of
States for Internationally Wrongful Acts 2001.
9. 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://shop.un.org/series/united-nations-conference-trade-and-
development-unctad-series-issues-international-investment
https://shop.un.org/series/unctad-series-issues-international-
investment-agreements?page=1
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
13
16. OECD, OECD Investment Policy Reviews: Southeast Asia, 2018,
https://www.oecd.org/daf/inv/investment-policy/Southeast-Asia-
Investment-Policy-Review-2019.pdf
17. World Bank, 2019 Investment Policy and Regulatory Review – Vietnam,
https://openknowledge.worldbank.org/bitstream/handle/10986/33598/
Vietnam-2019-Investment-Policy-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-a-
guidebook-for-businesses-and-investors/
19. APEC, Handbook on Obligations in International Investment
Agreements, 2020,
https://www.apec.org/Publications/2020/09/Handbook-on-Obligations-
in-International-Investment-Treaties
20. US Department of States, 2020 Investment Climate Statements:
Vietnam, https://www.state.gov/reports/2020-investment-climate-
statements/vietnam/
21. Other International Investment Agreements and Investor-State Disputes
8.3. Websites
1. UNCTAD, https://investmentpolicy.unctad.org/
2. UNCITRAL, http://www.uncitral.org
3. ICSID, http://icsid.worldbank.org
4. WTO, http://www.wto.org
5. USTR, http://www.ustr.gov
6. EU, https://ec.europa.eu/trade/
7. WTO Center, http://www.trungtamwto.vn/
8. OECD, https://www.oecd.org/
9. PCA, https://pca-cpa.org/en/home/
10. SIAC, https://www.siac.org.sg/
11. ACWL, https://www.acwl.ch/
12. ICC, https://iccwbo.org/dispute-resolution-services/icc-international-
court-arbitration/
13. SCC, https://sccinstitute.com/
14
14. https://www.italaw.com/
15. http://www.investment-law-digest.com/
16. https://www.iisd.org/itn/
17. https://moj.gov.vn/Pages/home.aspx
9. TEACHING – LEARNING FORMS
9.1 General Schedule
Total
Team Self- of
Week Issue Lecture Seminar Assignment
work study credit
hours
Receiving
1 1 4 (0) (2) (3) 6
Assignments
2 2 2 (4) (2) (3) 6
3 2 2 (4) (2) (3) 6
Submitting
4 2 2 (4) (2) (3) Teamwork 6
Assignment
5 3 2 (4) (2) (3) 6
12 16 10 15
sessions sessions sessions sessions
Total of
12 8 5 5 30
credit hours
9.2 Detailed Schedule
Week 1: Issue 1
Credit Requirements for
Format Main contents
hours preparation
Lecture 1 2 credit - Introduction of the - Reading the Course
hours Course Outline
- Overview of - Reading:
15
+ Hanoi Law
University, Textbook
International Investment
on International
and International
Investment Law,
Investment Law
Youth Publishing
(Definition, History,
House, Hanoi, 2017,
Sources)
Chapter One,
Sections 1,2,3,5
- Reading:
+ Hanoi Law
University, Textbook
2 credit - Scope of Invesment on International
Lecture 2
hours Treaties Investment Law, Youth
Publishing House,
Hanoi, 2017, Chapter
One, Section 4
- Reading the
materials and the
- Formation of teams
teamwork assignments
1 credit - Discussion of teamwork
Groupwork - Outlining the
hour assignments and allocation
discussion contents
of tasks
- Reviewing the
lecture notes
- Reading the
1 credit Structure of an international
Self-study materials and cases
hour investment agreement
cited in textbook
- Content: To give professional advice on the methods of
studying; tutoring on searching and reading references;
other questions related to the course.
Tutoring
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law,
Room A1401.
Week 2: Issue 2
16
Credit Requirements for
Format Main contents
hours preparation
- Reading:
Fundamental Principles
+ Hanoi Law
of International
University, Textbook
Investment Law
2 credit on International
Lecture + Most-Favored Nation
hours Investment Law, Youth
(MFN)
Publishing House,
+ National Treatment
Hanoi, 2017, Chapter
(NT)
Two and Three.
- Reading Textbook and
Discussion about Most-
1 credit lecture notes
Seminar 1 Favored-Nation
hour - Questions given by
Treatment Principle
lecturer
- Reading Textbook and
Discussion about
1 credit lecture notes
Seminar 2 National Treatment
hour - Questions given by
Principle
lecturer
- Reading the materials
- Discussion of teamwork and cases
1 credit assignment - Outlining the
Groupwork
hour - Discussion of the discussion contents
lecture content - Reviewing the lecture
notes
+ The application of
MFN and NT Principles
in investment dispute
- Reading the materials
1 credit practices (cases)
Self-study and cases cited in
hour + Umbrella Clause and
textbook
Other Principles of
International Investment
Law
Tutoring - Content: To give professional advice on the methods of
17
studying; tutoring on searching and reading references;
other questions related to the course.
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law,
Room A1401.
Week 3: Issue 2
Credit Requirements for
Format Main contents
hours preparation
Fundamental Principles
- Reading:
of International
+ Hanoi Law
Investment Law
University, Textbook
+ Fair and Equitable
2 credit on International
Lecture Treatment (FET) and
hours Investment Law, Youth
Full Protection and
Publishing House,
Security (FPS)
Hanoi, 2017, Chapter
+ Protection against
Four and Five.
Unlawful Expropriation
- Reading Textbook and
1 credit Discussion about FET lecture notes
Seminar 1
hour and FPS - Questions given by
lecturer
- Reading Textbook and
1 credit Discussion about lecture notes
Seminar 2
hour Expropriation - Questions given by
lecturer
- Reading the materials
- Discussion of teamwork and cases
1 credit assignment - Outlining the
Groupwork
hour - Discussion of the discussion contents
lecture content - Reviewing the lecture
notes
Self-study 1 credit + Interpretation of FET, - Reading the materials
hour FPS and expropriation in and cases cited in
18
investment dispute
settlement (cases)
+ Exceptions to the
textbook
Principles of
International Investment
Law
- Content: To give professional advice on the methods of
studying; tutoring on searching and reading references;
other questions related to the course.
Tutoring
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law,
Room A1401.
Week 4: Issue 2
Credit Requirements for
Format Main contents
hours preparation
- Reading:
Fundamental Principles + Hanoi Law
of International University, Textbook
2 credit Investment Law on International
Lecture
hours + Investor-State Dispute Investment Law, Youth
Settlement (ISDS) Publishing House,
Mechanism Hanoi, 2017, Chapter
Six
Discussion about:
- Reading Textbook and
+ Methods of Investor-
1 credit lecture notes
Seminar 1 State Dispute Settlement
hour - Questions given by
+ Jurisdictional Issues in
lecturer
Investment Arbitration
Discussion about
- Reading Textbook and
Procedural Issues in
1 credit lecture notes
Seminar 2 Investment Arbitration
hour - Questions given by
* Submitting Teamwork
lecturer
Assignment
19
- Reading the materials
- Discussion of teamwork and cases
1 credit assignment - Outlining the
Groupwork
hour - Discussion of the discussion contents
lecture - Reviewing the lecture
notes
- Procedural aspects of
ISDS (cases) - Reading the materials
1 credit
Self-study - Other Principles of and cases cited in
hour
International Investment textbook
Law
- Content: To give professional advice on the methods of
studying; tutoring on searching and reading references;
other questions related to the course.
Tutoring
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law,
Room A1401.
Week 5: Issue 3
Credit Requirements for
Format Main contents
hours preparation
Vietnam and
International Investment - Reading:
Law: + Hanoi Law
+ International University, Textbook
2 credit Commitments of on International
Lecture
hours Vietnam regarding Investment Law, Youth
Investment Publishing House,
+ Vietnam’s ISDS Hanoi, 2017, Chapter
Coordination Ten and Twelve
Mechanism
Seminar 1 1 credit Discussion about: - Reading Textbook and
hour + Recent Investment lecture notes
Treaties of Vietnam (E.g. - Questions given by
20
EVIPA, CPTPP)
+ Vietnam’s ISDS lecturer
Coordination Mechanism
Presentation of - Reading Textbook and
1 credit Teamwork Assignment lecture notes
Seminar 2
hour Submitting Semester - Questions given by
Assignment lecturer
1 credit - Reading the materials
hour - Discussion of teamwork and cases
assignment - Outlining the
Groupwork
- Discussion of the discussion contents
lecture - Reviewing the lecture
notes
Vietnamese Law
1 credit - Reading the materials
Self-study Regulating International
hour in textbook
Investment Relations
- Content: To give professional advice on the methods of
studying; tutoring on searching and reading references;
other questions related to the course.
Tutoring
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law,
Room A1401.
10. POLICIES OF THE COURSE
- Course delivery is in accordance with the University’s regulations.
- Assignments must be submitted by the deadline.
- 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.
11. ASSESSMENT METHODS
11.1. Frequent assessment
21
- Inspections: Students participate in 75% or more of the prescribed hours
for each theory or seminar part.
- Participation in seminars and team assignment.
11.2. Periodical assessment
Type of assignment Weight
Assessing knowledge and attitudes to participate in
10%
seminar
01 Teamwork Assignment or Individual Assignment 30%
Final Exam 60%
23
TABLE OF CONTENTS
Page
1. Information of lecturers 2
2. Prerequisite courses 2
3. Summary of the course 3
4. Content of the course 3
5. Output standards of the course 3
6. Learning objectives 5
7. The matrix learning objectives with CLOs 8
8. Materials 9
9. Teaching – learning forms 12
10. Policies of the course 17
11. Assessment methods 17
24