Detailed outlineinternational investment law (for hlu internal use only)
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HANOI LAW UNIVERSITY
FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW
DETAILED OUTLINE
INTERNATIONAL INVESTMENT LAW
(FOR HLU INTERNAL USE ONLY)
Semester 1, Academic Year 2021-2022
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HANOI LAW UNIVERSITY
FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW
DEPARTMENT OF MULTILATERAL TRADE AND INTERNATIONAL INVESTMENT LAW
Degree level:
Course:
Number of credits:
Course type
Bachelor of Laws
International Investment Law
02
Elective
1. LECTURER INFORMATION
No
1.
2.
3.
Name
Ngo Trong Quan
Doan Thanh Huyen
Nguyen Ba Binh
4.
5.
6.
7.
8.
9.
10.
11.
Nguyen Thi Anh Tho
Nguyen Mai Linh
Trinh Hai Yen
Lai Thi Van Anh
Nguyen Thi Nhung
Dinh Anh Tuyet
Nguyen Huu Phu
Vo Le Nam
Title
LL.M.
LL.M.
Assoc.Prof.
LL.M.
LL.M.
Ph.D
LL.M.
LL.M.
LL.M.
LL.M.
LL.M.
Tel
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
Office of Department of Multilateral Trade and International Investment Law
Room A1401, Building A, Hanoi Law University
No. 87, Nguyen Chi Thanh Street, Dong Da, Ha Noi
Working hours: 8h00 – 17h00 everyday (except for Saturday, Sunday, and holidays)
2. PREREQUISITES
- Commercial Law 1 (CNBB12)
- Commercial Law 2 (CNBB13)
- Public International Law (CNBB17)
3. COURSE DESCRIPTION
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International investment law has been emerging as a distinct and dynamic field of international law.
The course on International Investment Law provides the basic knowledge of the legal system
governing investment liberalization, investment protection, the institutional, economic and political
influence on international investment. This course aims to introduce students to the standards of
treatment of foreign investments and resolution of foreign investment disputes. The main topics in the
course include:
1) Overview of International Investment and International Investment Law
2) Fundamental Principles of International Investment Law
3) Viet Nam and International Investment Law
4. CONTENTS OF THE COURSE
Issue 1. Overview of International Investment and International Investment Law
1.1. Globalization and International Investment
1.2. Historical Development of International Investment Law
1.3. Defining the Scope of Investment Treaties
1.4. Sources of International Investment Law
Issue 2. Fundamental Principles of International Investment Law
2.1. Most Favoured Nation (MFN)
2.2. National Treatment (NT)
2.3. Fair and Equitable Treatment (FET)
2.4. Full Protection and Security (FPS)
2.5. Protection against Unlawful Expropriation (Takings)
2.6. Investor-State Dispute Settlement (ISDS)
2.7. Umbrella Clause and Other Principles of Investment Protection
2.8. Exceptions to the Principles of International Investment Law
Issue 3. Viet Nam and International Investment Law
3.1. International Commitments of Vietnam Regarding Investment
3.2. Vietnamese Law Regulating International Investment Relations
3.3. Vietnam’s Investor-State Dispute Settlement (ISDS)
5. LEARNING OUTCOMES
This course aims at introducing students to the core principles of international investment law and
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investment dispute settlement mechanism. Students are encouraged to reflect on the economic activity
of foreign direct investment in its political and social context. Upon completion of the course, students
will be able to:
5.1. Knowledge
K1. Understand the historical context, sources and fundamental principles of international investment
law;
K2. Understand and interpret the international investment law texts, especially investment treaties and
investment disputes;
K3. Understand the investor-state dispute settlement mechanism (ISDS) and international investment
arbitration in particular;
K4. Understand the policies and legal framework in Vietnam regulating international investment
relations;
K5. Apply the substantive and procedural principles of international investment law to explain the
specific situations in relationships between foreign investors and host states;
K6. Apply legal English in the field of international investment law.
5.2. Skills
S7. Search for and update international investment agreements and case law;
S8. Conduct research on international investment law and arbitration;
S9. Design and deliver a presentation on international investment law;
S10. Work independently and collaboratively with other students to prepare a research paper;
S11. Develop arguments and critical thinking to solve practical situations in international investment
law.
5.3. Capacity
C12. Be confident, willing to acquire new knowledge and open to different viewpoints in the field;
C13. Develop a sense of honesty, striving for progress and protection of justice;
C14. Develop a sense of respect and compliance with the law;
C15. Develop professional working ethics.
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6. DETAILED OBJECTIVES
Objective
Level 1
Issue
1A1. Introducing
history
of
Level 2
the 1B1. Analysing the reasons 1C1. Giving comments
economic that
globalization
and have
international investment.
1A2.
Presenting
Level 3
investment
come
dominant
to
treaties on the the ways investors
play
role
a can protect their rights in
in the host countries.
the investment protection.
1C2. Giving comments
historical development of 1B2. Analysing the concept on the current features of
1.
Overview of
International
Investment
and
International
Investment
Law
international
investment of political risk insurance treaty
law.
as an alternative or a arbitral
to
1A3. Listing sources of supplement
international investment protection and
practice
and
in
treaty international investment
dispute law.
settlement.
law.
practice
1C3. Giving comments
different 1B3. Analysing the scope on the current features of
practice
and
aspects in the scope of of a particular investment treaty
treaty in terms of covered arbitral
practice
in
investment treaties.
1A4.
Listing
and
1A5. Listing customary investor
international
law investment.
covered international investment
law.
foreign 1B4. Analysing the scope
of a particular investment
investment relationships.
governing
treaty in terms of covered
investor
2.
2A1.
Identifying
and
covered
investment.
the 2B1.
Analysing
the 2C1.
Assessing
the
Fundamental components of the most interpretations of MFN by importance of the like
circumstance
Principles of favoured nation (MFN) investment tribunals.
International principle.
Investment
Law
2A2.
Identifying
components
the requirement
of
the interpretations of NT by relevance
jurisprudence.
the investment tribunals.
2B2.
of
Analysing
and
WTO
national treatment (NT) 2B3.
Analysing
the 2C2. Giving comments
principle.
relationship between the on the impact of fair and
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2A3.
Identifying
elements
of
fair
the international
minimum equitable
treatment
and standard of treatment and principle on investment
equitable treatment (FET) FET.
principle.
2B4.
liberalization.
Analysing
the 2C3. Comparing the fair
2A4. Presenting the scope interpretation of FET in and equitable treatment
of
full
protection
and investment disputes
security (FPS) standard.
2A5.
Presenting
2B5.
standard with the full
the protection and security
FPS in standard.
Analysing
the application
of
content of protection of investment disputes.
2C4. Giving comments
foreign investors against 2B6. Distinguishing lawful on recent developments
unlawful expropriation.
limitations
of
and unlawful, direct and and
2A6.
Presenting
methods
investment arbitration.
the indirect expropriation.
of
resolving 2B7. Distinguishing the 2C5.
Assessing
the
investor-state disputes.
sole-effect doctrine and jurisprudence approaches
interpretation
of
2A7.
Presenting
the police power doctrine in to
content of other principles determination of indirect umbrella clauses.
of investment protection expropriation
2C6. Assessing the role
(umbrella clause, transfer 2B8.
Analysing
of funds, movement of advantages
natural
exceptions
in
the of
regulatory
and protecting
persons, disadvantages of investor- space of host states.
performance
state arbitration.
requirements).
2B9.
Analysing
Presenting advantages
exceptions of the basic disadvantages
2A8.
2C7. Evaluating the pros
the and cons of an appellate
and review mechanism in
of investment arbitration
principles of international diplomatic protection.
investment law.
2B10. Analysing criticisms
3.
Viet Nam
and
against ISDS.
3A1. Presenting the WTO, 3B1. Analysing the content 3C1. Giving comments
FTA
and
BIT of investment treaties of on
commitments of Vietnam Vietnam
International regarding
international 3B2.
the
Vietnam’s
commitments in recent
Analysing investment
treaties
or
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investment
Vietnamese law regulating investment chapters of
the international
Vietnamese legal system relations.
regulating
trade
agreements
(CPTPP and EVIPA).
international 3B3. Analysing the major 3C2. Giving comments
investment relations
Investment
investment free
Presenting
3A2.
differences
between on
the
practice
of
and
new Vietnam’s ISDS.
the traditional
investment 3C3. Giving comments
coordination process of generation
treaties of Vietnam
ISDS in Vietnam
on the new investor-state
3A3.
Law
Presenting
dispute
settlement
mechanism in EVIPA.
7. SYNTHESIS OF THE DETAILED OBJECTIVES
Objectives
Level 1
Level 2
Level 3
Total
Issue 1
5
4
3
12
Issue 2
8
10
7
25
Issue 3
3
3
3
9
Total
16
17
13
46
Issue
MATRIX
Issue
Issue 1
Knowledge
Objectiv
e
K1
K2
1A1
1A2
K3
K4
Skills
Capacity
K5
K6
S7
S8
S9
S10
S11
C12
C13
C14
C15
1A3
1A4
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Issue 2
1A5
1B1
1B2
1B3
1B4
1C1
1C2
1C3
2A1
2A2
2A3
2A4
2A5
2A6
2A7
2A8
2B1
2B2
2B3
2B4
2B5
2B6
2B7
2B8
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Issue 3
2B9
2B10
2C1
2C2
2C3
2C4
2C5
2C6
2C7
3A1
3A2
3A3
3B1
3B2
3B3
3C1
3C2
3C3
8. READING MATERIALS
Compulsory Readings
Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi,
2017 (This Bilingual Textbook was published within the framework of the EU-MUTRAP Project and
can be downloaded at />Optional Readings
* Books
1. Andrew Newcombe, LLuis Paradell, Law and Practice of Investment Treaties: Standards of
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Treatment, Kluwer Law International, 2009.
2. Jurgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge
University Press, 2016.
3. M. Sornarajah, The International Law on Foreign Investment, Cambridge University Press, Third
Edition, 2010.
4. Marie-Claire Cordonier Segger, Markus W. Gehring, Andrew Newcombe, Sustainable Development
in World Investment Law, Kluwer Law International, 2011.
5. Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good
Governance, Hart Publishing, 2018.
6. Peter Muchlinski, Federico Ortino, and Christoph Schreuer, The Oxford Handbook of International
Investment Law, Oxford University Press, 2008.
7. Surya P. Subedi, International Investment Law - Reconciling Policy and Principle, Hart Publishing,
Third Edition, 2016.
8. Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia of International Economic
Law, Edward Elgar Publishing, 2017.
* Legal texts and reports
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1. The ICSID Convention 1965.
2. The New York Convention 1958.
3. The ASEAN Comprehensive Investment Agreement (ACIA) 2009.
4. The North American Free Trade Agreement (NAFTA) 1994.
5. The European Union – Vietnam Investment Protection Agreement (IPA) 2019.
6. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) 2018.
7. The Vienna Convention on the Law of Treaties (VCLT) 1969.
8. International Law Commission Draft Articles on Responsibility of States for Internationally
Wrongful Acts 2001.
9. 2012 US Model Bilateral Investment Treaty,
/>10. Decision No. 14/2020/QD-TTg dated 08 April 2020 on Promulgation of Regulation on
Coordination in Resolution of International Investment Disputes.
11. WTO, Report of the Working Party on the Accession of Viet Nam and Viet Nam’s WTO
Commitments, />
12. WTO, Trade Policy Review: Viet Nam, />13. UNCTAD, UNCTAD Series on Issues in International Investment Agreements I/II
/>
14. UNCTAD, Investment Policy Review: Vietnam, 2008,
/>
15. OECD, OECD Investment Policy Reviews: Vietnam 2018,
/>
16. OECD, OECD Investment Policy Reviews: Southeast Asia, 2018,
/>
17. World Bank, 2019 Investment Policy and Regulatory Review – Vietnam,
/>
18. ASEAN Secretariat, ASEAN Comprehensive Investment Agreement (ACIA) – A Guidebook for
Businesses and Investors, 2013, />
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19. Other International Investment Agreements
* Websites
1.
UNCTAD, />
2.
UNCITRAL,
3.
ICSID,
4.
WTO,
5. USTR,
6.
EU, />
7.
WTO Center, />
8.
/>
9.
/>
10. />11. />
9. TEACHING AND LEARNING METHODS/APPROACHES
- A combination of different teaching and learning methods, including: Lecture; Socrates; Case
Method; Workshop; Teamwork Presentation; and Others.
- Students are required to read the materials before attending class and to participate actively in class
discussion.
10. COURSE SCHEDULE AND TEACHING PLAN
10.1 COURSE SCHEDULE
Week
Issue
Lecture
Seminar
Team work
Selfstudy
1
2
3
1
2
2
4
2
2
(0)
(4)
(4)
(2)
(2)
(2)
(3)
(3)
(3)
4
2
2
(4)
(2)
(3)
Total of
Assignment
Receiving Assignments
Submitting Teamwork
Assignment
credit
hours
6
6
6
6
12
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5
3
2
(4)
(2)
(3)
Submitting Semester
Assignment
6
12 sessions 16 sessions 10 sessions 15 sessions
Total of
12
credit hours
8
5
5
30
10.2 TEACHING PLAN
WEEK 1 – ISSUE 1
Format
Credit
hours
Main contents
Requirements for preparation
- Reading the Course Outline
- Introduction of the Course
Lecture 1
- Reading:
2 credit - Overview of International Investment + Hanoi Law University,
on
International
hours and International Investment Law Textbook
Investment
Law,
Youth
(Definition, History, Sources)
Publishing House, Hanoi, 2017,
Chapter One, Sections 1,2,3,5
- Reading:
Lecture 2
2 credit
- Scope of Invesment Treaties
hours
- Formation of teams
Teamwork
Self-study
+ Hanoi Law University, Textbook
on International Investment Law,
Youth Publishing House, Hanoi,
2017, Chapter One, Section 4
- Reading the materials and the
teamwork assignments
1 credit
- Discussion of teamwork assignments
hour
- Outlining the discussion contents
and allocation of tasks
- Reviewing the lecture notes
1 credit Structure of an international investment - Reading the materials and cases
hour agreement
cited in textbook
- Scope: To give professional advice on the methods of studying; tutoring on searching
and reading references; other questions related to the course.
Consultation
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room A1401.
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WEEK 2 – ISSUE 2
Format
Lecture
Credit
hours
Main contents
Fundamental
Principles
2 credit International Investment Law
hours + Most-Favored Nation (MFN)
Requirements for preparation
of
- Reading:
+ Hanoi Law University, Textbook
on International Investment Law,
Youth Publishing House, Hanoi,
2017, Chapter Two and Three.
+ National Treatment (NT)
Seminar 1
1 credit Discussion about Most-Favored- - Reading Textbook and lecture notes
hour Nation Treatment Principle
- Questions given by lecturer
Seminar 2
1 credit Discussion about National Treatment - Reading Textbook and lecture notes
hour Principle
- Questions given by lecturer
Teamwork
- Reading the materials and cases
1 credit - Discussion of teamwork assignment
- Outlining the discussion contents
hour - Discussion of the lecture content
- Reviewing the lecture notes
Self-study
+ The application of MFN and NT
Principles in investment dispute
- Reading the materials and cases
1 credit practices (cases)
hour + Umbrella Clause and Other cited in textbook
Principles of International Investment
Law
- Scope: To give professional advice on the methods of studying; tutoring on searching
and reading references; other questions related to the course.
Consultation
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room A1401.
WEEK 3 – ISSUE 2
Format
Lecture
Credit
hours
Main contents
2 credit Fundamental
Principles
hours International Investment Law
Requirements for preparation
of - Reading:
+ Hanoi Law University, Textbook
+ Fair and Equitable Treatment on International Investment Law,
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(FET) and Full Protection
Security (FPS)
+ Protection
Expropriation
Seminar 1
Seminar 2
against
and
Youth Publishing House, Hanoi,
Unlawful 2017, Chapter Four and Five.
1 credit
Discussion about FET and FPS
hour
- Reading Textbook and lecture notes
1 credit
Discussion about Expropriation
hour
- Reading Textbook and lecture notes
- Questions given by lecturer
- Questions given by lecturer
Teamwork
- Reading the materials and cases
1 credit - Discussion of teamwork assignment
- Outlining the discussion contents
hour - Discussion of the lecture content
- Reviewing the lecture notes
Self-study
+ Interpretation of FET, FPS and
expropriation in investment dispute
- Reading the materials and cases
1 credit
settlement (cases)
cited in textbook
hour
+ Exceptions to the Principles of
International Investment Law
- Scope: To give professional advice on the methods of studying; tutoring on searching
and reading references; other questions related to the course.
Consultation
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room A1401.
WEEK 4 – ISSUE 2
Format
Credit
hours
Lecture
- Reading:
Fundamental
Principles
of
+ Hanoi Law University, Textbook
2 credit International Investment Law
on International Investment Law,
hours + Investor-State Dispute Settlement
Youth Publishing House, Hanoi,
(ISDS) Mechanism
2017, Chapter Six
Seminar 1
Main contents
Requirements for preparation
1 credit Discussion about:
- Reading Textbook and lecture notes
hour + Methods of Investor-State Dispute - Questions given by lecturer
Settlement
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+ Jurisdictional Issues in Investment
Arbitration
Seminar 2
Discussion about Procedural Issues in
- Reading Textbook and lecture notes
1 credit
Investment Arbitration
hour
- Questions given by lecturer
* Submitting Teamwork Assignment
Teamwork
- Reading the materials and cases
1 credit - Discussion of teamwork assignment
- Outlining the discussion contents
hour - Discussion of the lecture
- Reviewing the lecture notes
Self-study
- Procedural aspects of ISDS (cases)
1 credit
- Reading the materials and cases
- Other Principles of International
hour
cited in textbook
Investment Law
- Scope: To give professional advice on the methods of studying; tutoring on searching
and reading references; other questions related to the course.
Consultation
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room A1401.
WEEK 5 – ISSUE 3
Format
Credit
hours
Main contents
Vietnam
and
Investment Law:
Lecture
International
Requirements for preparation
- Reading:
+ Hanoi Law University, Textbook
2 credit + International Commitments of
on International Investment Law,
hours Vietnam regarding Investment
Youth Publishing House, Hanoi,
+ Vietnam’s ISDS Coordination
2017, Chapter Ten and Twelve
Mechanism
Discussion about:
Seminar 1
Seminar 2
+ Recent Investment Treaties of
- Reading Textbook and lecture notes
1 credit
Vietnam (E.g. EVIPA, CPTPP)
hour
- Questions given by lecturer
+ Vietnam’s ISDS Coordination
Mechanism
1 credit Presentation of Teamwork Assignment - Reading Textbook and lecture notes
hour Submitting Semester Assignment
- Questions given by lecturer
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Teamwork
- Reading the materials and cases
1 credit - Discussion of teamwork assignment
- Outlining the discussion contents
hour - Discussion of the lecture
- Reviewing the lecture notes
Self-study
1 credit Vietnamese
Law
Regulating
- Reading the materials in textbook
hour International Investment Relations
- Scope: To give professional advice on the methods of studying; tutoring on searching
and reading references; other questions related to the course.
Consultation
- Time: From 10:20 to 11:50 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room A1401.
11. ASSESSMENT
No
1.
Type of assignment
Weight
Participation
10%
Requirements
- Form: Attendance and In-class Contribution
- Form: 3-5 page Essay (Appendix excluded, if any,
2.
01
Teamwork
every two extra pages will be subtracted 01 point).
Assignment
15%
and Oral Presentation
- Content: Questions relating to the knowledge of
whole course.
- Form: 3-5 page Essay (Appendix excluded, if any,
every two extra pages will be subtracted 01 point).
3.
01 Semester Assignment
15%
- Content: Questions relating to the knowledge of
whole course.
4.
Final Exam
60%
Total
100%
- Form: Multiple-Choice Test
12. OTHER REQUIREMENTS
- Plagiarism in any forms will result in FAIL for the related academic work.
- Cheating on any exam also results in FAIL to the student who commits the cheating and to the person
who allows others to copy his/her work.
- No excuses for the ignorance of the guidelines for academic works set by Hanoi Law University.
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