Course Section | Columbia Law School

Section Description Provided by Instructor

NOTE: Cannot receive degree credit for this course (L6541) and Mr. Johnson's seminar on International Investment Law (L6932)

Investment treaty arbitration is a new and quickly developing area of law that involves a unique blend of public international law, international commercial arbitration and public law principles. The course covers (1) the theoretical and policy background to investment treaties and investor-state arbitration, (2) the substantive standards governing investor-state relationships, including national treatment, most favored nation treatment, expropriation, and fair and equitable treatment, and (3) current controversies, such as the relationship between investment treaties and human rights and environmental protection, the availability of necessity and counter-measures as defenses, and developments in the European Union. The course examines controversial cases (such as the arbitrations against Argentina following its 2001 economic crisis), theoretical questions (such as the legitimacy of private tribunals deciding issues of public law) and the sociology of the field (such as how the interests of investment treaty advocates and arbitrators are shaping the field).