DHARMASHASTRA

NATIONAL LAW UNIVERSITY, JABALPUR

COURSE CURRICULUM

Subject: International Investment Law

For B. A., LL. B (Hons.), X Semester, Session 2023-24 (February-June)

Course Instructor:

Utkarsh K. Mishra
[Assistant Professor of Law, DNLU, Jabalpur]
 Subject: International Investment Law

About the Course and its Objectives:

This course is an exposure to the field of International Investment Law and its basic tenets.
International Investment Law as a branch of International Law has yet not been given much
attention in academic circles and does not find place in most of the law school curriculums at
present. However, this domain of international law not only informs the ‘international
investments’ as subject matter of scrutiny for International Law scholars but also establishes itself
an independent branch of study for scholars of international trade, international economics and
international commercial/business law. Hence, its significance cannot be avoided. The object
behind this course is to expose the students to the basic tenets of international investment law
while at the same time to develop in the readers the skills to identify and analyse the key and recent
issues in this domain.

Pre-requisites:
This course is designed for students of X Semester, B.A., LL. B (Hons.). Hence it is expected for
the students of this course to have basic understanding of ‘International law’ as such which has
been already offered to them as one of the compulsory papers in their previous semesters. It is
expected that the students read and reflect upon every articles/case laws or other reading material
provided by the course instructor for every module.

Learning Outcomes:
Students will be able to:
❖ Understand the Basic Tenets of International Investment Law
❖ Locate the subject in the broader domain of International law.
❖ Develop analytical skills for understanding the key dimensions of International Investment
Treaties and their operation.

Detailed Syllabus with Modules:

Sr. Modules with sub-contents Number

No. of
Lectures
Module I: Introduction to the International Investment Law
1. History of International Investment Law 1
2. Sources of International Investment Law 1
3. Nature of International Investment Law 2
4. Interpretation and Application of Investment Treaties 3
Total Lectures 7
Module II: Investor and Investments
5. “Investors” in International Investment Scenario 3
6. “Investments” in International Investment Scenario 3
7. Investment Contracts 3
8. Treaty Claims and Contract Claims 3
9. Admission and Establishment 2
Total Lectures 14
Module III: Expropriation
10. Right of Expropriation 2
11. Legality of Expropriation 3
12. Direct and Indirect Expropriation 3
13. Expropriation of Contractual Rights 2
Total Lectures 10
Module IV: Standards of Protection under International Investment Law
14. Most Favoured Nation Treatment 3
15. National Treatment 3
16. Fair and Equitable Treatment 3
17 Full Protection and Security 3
18. The Umbrella Clause, Access to Justice, Emergency, Necessity, Force Majeure 3
etc
Total Lectures 15
Module V: International Investment Arbitration
19. Investor State Dispute Resolution Mechanism 3
20. Fundamental Concepts of Investment Arbitration 3
21. MFN Clauses and Dispute Settlement 3
22. India and International Investment Arbitration 3
23. Energy Arbitrations 2
Total Lectures 14

Total=60 Lectures

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