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Professor Mads Andenas

Two lectures on international investment law: (1) General issues of international investment law (2) Minimum standards of treatment in international investment law – Lecture and cases. Professor Mads Andenas. Reading for General issues of international investment law.

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Professor Mads Andenas

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  1. Two lectures on international investment law:(1) General issues of international investment law(2) Minimum standards of treatment in international investment law – Lecture and cases Professor Mads Andenas

  2. Reading for General issues of international investment law Reread from 3/2: Dolzer and Schreuer pp. 1-30 • Mandatory: Dolzer and Schreuer pp. 46-70 • Supplementary: Bishop, Crawford and Reisman, Foreign Investment Disputes (Kluwer Law International 2005), pp. 1-17, 491-501, 517-521, 526-530, 555-562.

  3. Primary materials for general issues of international investment law • Primary materials: • ICSID Convention • Energy Charter Treaty Parts I, III and V. • NAFTA Chapter XI.

  4. General issues of international investment law to be discussed The Norwegian Government’s proposal for Model for Future Investment Agreements and the submissions in the public consultation. There is an English translation of the Model and several of the submissions are • http://www.regjeringen.no/nb/dep/nhd/dok/Horinger/Horingsdokumenter/2008/horing---modell-for-investeringsavtaler/-4.html?id=496026 • TSA Spectrum de Argentina SA v Argentina, Award, ICSID Case No ARB/05/5; IIC 358 (2008), 19 December 2008. You find the award on http://www.investmentclaims.com/

  5. Introduction to international investment law The development of international investment law The basic model: restriction of host state sovereignty in order to attract foreign investment Treaty law and customary international law Evolving treaty practice

  6. Investors • Who can be an ’investor’: • Individuals, • companies, • nationality and • shareholders

  7. Investments • What constitutes an ’investment’

  8. Investment contracts • Types of investment contracts • Applicable law • Stabilisation clauses • Renegotiation and adaption

  9. TSA Spectrum de Argentina • TSA Spectrum de Argentina SA v Argentina, Award, ICSID Case No ARB/05/5; IIC 358 (2008), 19 December 2008.

  10. Metalclad v Mexico • Metalclad v Mexico, Award, 30 August 2000, 5 ICSID Reports 209.

  11. Maffezini v Spain • Maffezini v Spain, Award on the merits, 13 November 2000, ICSID Reports 419.

  12. ELSI • ELSI (United States v Italy) ICJ Reports 1989, 15.

  13. Saluka v Czech Republic • Saluka v Czech Republic, Partial Award, 17 March 2006.

  14. Norwegian model The Norwegian Government’s proposal for Model for Future Investment Agreements and the submissions in the public consultation. See for instance the submission by the NCHR

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