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| Semester | fall semester 2022 |
| Course frequency | Every fall sem. |
| Lecturers | Krista Nadakavukaren Schefer (k.nadakavukaren@unibas.ch, Assessor) |
| Content | This course examines the international regulation of investment protection. The foreign investor faces specific problems due to the long-term nature of its involvement in the economy of a different government. We will see how these specific problems were addressed in history before turning to the current legal framework. Our focus, however, will be on today's increasingly complex system of investment treaties and customary law relating to how a government must or must not treat foreign property-owners in their territory. |
| Learning objectives | Students should be able to: - recount the historical development of investment protection - explain the need for international minimum standards of investment protection - identify the jurisdictional requirements for starting investor-State dispute settlement proceedings - discuss the legal elements of expropriation and point out the differences between legal/illegal and direct/indirect expropriations - make a convincing argument on when the fair and equitable treatment standard would be appropriately applied - explain the other standards of investment protection - identify weaknesses in the international system of investment protection - discuss the differences in investment insurance schemes |
| Bibliography | Besides the materials that will be posted on the internet for downloading, the students must access one textbook: Krista Nadakavukaren Schefer, International Investment Law, 3d edition (Edward Elgar, 2020). One copy is available in the Jus-Bibliothek. The book is also available for purchase online (Amazon.de or e-elgar.com) |
| Admission requirements | proficiency in English is required, as lectures are in English and the reading materials are in English. Speaking German, however, is permitted in class. |
| Language of instruction | English |
| Use of digital media | No specific media used |
| Course auditors welcome |
| Interval | Weekday | Time | Room |
|---|---|---|---|
| wöchentlich | Monday | 16.15-18.00 | Juristische Fakultät, Seminarraum S10 HG.45 |
| Modules |
Specialization Module: International (Start of studies before 01.02.2021) (Master's Studies: Business Law) Specialization module: International Law (Master's Studies: Law (bilingue)) Specialization module: International Law (Master's Studies: Law) Vertiefungsmodul Global Europe: Handel und Unternehmen in der Globalisierung (Master's Studies: European Global Studies) Wahlbereich Master Rechtswissenschaft (EUCOR): Empfehlungen (Master's Studies: Law (Eucor)) |
| Assessment format | lecture examination |
| Assessment details | there will be an oral exam at the end of the semester; the level of class preparation will also be taken into account in the final grade |
| Assessment registration/deregistration | Registration: course registration |
| Repeat examination | no repeat examination |
| Scale | 1-6 0,01 |
| Repeated registration | one repetition |
| Responsible faculty | Faculty of Law, studiendekanat-ius@unibas.ch |
| Offered by | Fachbereich Öffentliches Recht |