8. Shaw, M.N., 2005. International Law. 5th ed.

New Delhi: Cambridge University

Press.
9. Nowak Manfred,2003. Introduction to the International Human Rights Regime.
Leiden: Martinius Nijhoff Publishers.

Reference Books:

1. Upendra Baxi: The Future of Human Rights (Third Edition). (New Delhi: Oxford
University Press India 2012).

2. Shave Lea, 2010. The Inter American Human Rights System – An Effective institution
for Human Rights Protection? Washington University Global Studies Law Review,
9(4).

3. An International Bill of Rights, 1947. International Law Quaterly, 1(2). pp 2150-220.

Available at http://www.jstor.org/stable/762978

4. Benjamin V. Cohen, Human Rights Under the Charter. Available at :

http://scholarship.law.duke.edu/lcp/vol14/iss3/4/

5. Ruth Gavison, On the Relationship between civil Political Rights and Economic
Social Rights.

6. Thomas Buergenthal, 1997. The Normative and Institutional Evolution of International

Human Rights. Human Rights Quaterly, 19(4). Availavle at:
http://www.jstor.org/stable/762684

Researched Article references:

2. Marie Benedicte Dembour, What are Human Rights? Four schools of Thought.
Human Rights Quarterly, Vol. 32, No. 1 (Feb 2010) pp. 1-20
3. George Letsas, the ECHR as a living instrument: its meaning and legitimacy, The
European Court of Human Rights in a National, European and Global context,
Cambridge Books, pp.106-144
4. Karin Arts & Atabongawung Tamo, The Right to Development in International Law:
New Momentum Thirty Years Down the Line? Neth Int Law Rev (2016) 63:221-249

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Books for advanced reading:

5. Ilias Bantekas & Lutz Oette, International Human Rights Law and Practice,
Cambridge University Press; 2nd edition (29 September 2016).
6. Philip Alston & Ryan Goodman, International Human Rights, Oxford Publication,
Oxford University Press; 2nd edition (12 October 2012).

Resource Person:

Ms. Zhengqi Liu (Emergency Response and Rehabilitation Specialist) United Nations
zhengqi.l01@gmail.com

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 1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6335 INVESTMENT LAW
(LLM Sem. 01/Paper-06)
Credits: 04 Total Class Hours: 60 (including tutorials & proctors)

COURSE DESCRIPTION

The course is to make the student understand the concept of investment law in national as
well as international aspects. The subject will be taught to the students in comparative way
based on national law and law relating to different countries on investment law. To have a
critical understanding of the international efforts made to solve the disputes.

LEARNING OBJECTIVES

1. To make the students understand the objective of securities exchange board of India in
protecting the investors
2. To analyze the laws of foreign investment regulating in Indian Market and the current
scenario of Foreign direct Investment
3. To have a critical understanding of the international efforts to regulate foreign investment;
4. To make them understand the interplay between law and politics in regulating foreign
investment
5. To make them aware of the rules and regulations that deal in India and for the foreign
investors who invest in India as well as the international legal concepts.
TEACHING METHOD

The teaching in this course is done by way of lectures, seminars and tutorial sessions. The
lecture series is devoted to examination of the relevant statutory and case law framework and
to the discussion of basic legal concepts of investment law in India. The course will
incorporate with understanding of the meaning of investment law and its practices and
procedures in the corporate world. Participation in class discussion is the primary mode of
teaching/learning.

36
MODULE – I: ROLE OF SEBI AND ITS REGULATIONS IN CAPITAL MARKET

This module shall deal with explaining the role of SEBI in the capital market and its
importance. SEBI rules and regulation and the main functioning of SEBI in the capital
Market and how it protects the interest of investors in a comparative analysis with various
countries.

1.1 Role of Securities Exchange Board of India, U.S. Securities and Exchange Commission
and Securities Investment Board of UK
1.2 Collective Investment Scheme,Mutual Fund -Types
1.3 Credit Rating Agency
1.4 Depository Protection
1.5 SEBI (Investor Protection and Education Fund) Regulations, 2009

NUMBER OF HOURS: 12

MODULE – II: FOREIGN EXCHANGE – RULES AND REGULATION

This module shall deal with explaining the basic legal framework of foreign exchange
matters that deal with investment. The law relating to foreign exchange matters and their
rules and regulation.

2.1 Foreign Exchange Management Act, 1999

2.2 The purpose of FEMA1999
2.3 Role of Reserve Bank of India
2.4 Current Account Transaction
2.5 Capital Account Transaction
NUMBER OF HOURS : 12

MODULE – III: FOREIGN INVESTORS ROLE IN INDIAN ECONOMY

This module shall deal with foreign direct investment and their procedure according to
current FDI policies. The other other is relating to foreign portfolio investors and their
registration process in dealing with corporate transactions.

3.1 Foreign Direct Investment (FDI): Meaning, Types

37
3.2 Procedure of Foreign Direct Investment

3.3 Foreign Portfolio Investors : Meaning

3.4 Registration procedure of Foreign Portfolio Investors

3.5 FDI policy currently in force

NUMBER OF HOURS : 12

MODULE – IV: INTERNATIONAL ASPECTS OF FOREIGN INVESTMENT

This module shall deal with explaining the international aspects of foreign investment by
various agreement and treaties

4.1 Bilateral Investment Treaties

4.2 Multilateral Agreement on Investment
4.3 Multilateral Investment Guarantee Agency
4.4 General Agreements on Tariff and Trade
4.5 General Agreements on Trade in Service

NUMBER OF HOURS : 12

MODULE – V: AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES

This module shall deal with explaining the trade related investment measures in an
international perspectives. How the various rounds were developed and the existence of the
agreement of TRIMs came into importance in corporate transactions.

5.1 Evolution of various rounds of negotiations

5.2 Uruguay round negotiations

5.3Trade Related Investment Measures (TRIMs) after GATT: Value Addition

5.4 Flaws in TRIMs agreement

5.5 Various Contributions of TRIMs

NUMBER OF HOURS : 12

38