Topics

The details for the course, Special Topics in International Law: (LAWS8122), apply to all of the following topics. Specific descriptions for Syllabus and Proposed Assessment that apply to each topic are detailed below.

Ethno-Political Conflicts and International Law

There are no syllabus or indicative asesssment details for this topic.

International Child Law

There are no syllabus or indicative asesssment details for this topic.

International Investment Law

Syllabus

This topic is not being offered in 2009 

 

Objectives:

On completion of this course students will understand the rules and principles of international investment law, be able to analyse and manipulate those rules and principles and place them within the broader system of international law, thereby widening and deepening their knowledge of that system.

 

Proposed topics:

• Introduction (concepts, context and overview of course); The Host State's rights and interests (notably permanent sovereignty over natural resources and the New International Economic Order)
• The Multi-National Enterprise (MNE): its legal personality and obligations (eg., environment, human rights and other norms of corporate social responsibility);
• The investment agreement between MNE and Host State: nature and types of agreement (eg., concessions, joint ventures) and consideration of certain typical clauses of such agreements.
• The protection of the foreign investment by virtue of international law: sources (custom, multilateral and bilateral treaties, codes of conduct);
• The standards of protection (national treatment, MFN, fair and equitable treatment and full protection and security)
• The protection of foreign investments continued: conditions for lawful expropriation and types of expropriation (including creeping, indirect and regulatory expropriation).
• Political risk insurance as a means of protecting foreign direct investment: national insurance regimes (OPIC) and multilateral guarantees (MIGA).
• Responsibility in the event of breach of international investment law (notably issues of attribution, circumstances precluding wrongfulness and reparations).
• Settlement of disputes: diplomatic settlement (notably negotiation and conciliation)
• Settlement of disputes continued: jurisdictional fora and their functioning, diplomatic protection, and recognition and enforcement of awards, including the question of jurisdictional immunities.

 

Law, Violence and International Order

Syllabus

This topic is not being offered in 2009

The information published on the Study at ANU 2012 website applies to the 2012 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2011 website.