International Investment Law

The past few decades have seen a dramatic increase in the number of international investment agreements, including bilateral investment treaties and investment-related provisions in free trade agreements, followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. This course will cover four broad areas: (I) the history and key policy developments of international investment law; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; and (IV) current debates over the legitimacy and desirability of ISDS, including the issue of its alignment with states' climate/energy transition and Artificial Intelligence policies across physical infrastructure and software layers of the technology stack, and geopolitical shifts. Students will make presentations relating to the readings. Elements used in grading: Class participation, attendance and a take-home exam.