Dear Students, Master Programme, Course on Foreign Investment Law,
I trust that you are doing well in spite of the dire times we are living in.
I also trust that by now you realise that, due to the ongoing crisis, we are going to have to carry our classes out via Zoom. I also seem to understand that you all are now familiar with this platform, even better than myself.
I am equally confident that you realise that our classes shall soon start, with beginning coming Tuesday, the 14th. I am the one to conduct the first sessions, from the aforementioned 14th through the 20th and thence Professor Perumal shall pick up from there.
Today’s message is meant to let you learn beforehand the general topics that we shall be covering in my share of the Course as well as the methods that we shall be following and the way you shall be assessed, so that you may prepare well for the upcoming work.
In regard to the substance of our course work, we shall be looking into 2 burning issues dominating the area:
1) settlement of investment disputes and even more specifically investor-state dispute settlement (ISDS). We shall look in particular at 7 models of ISDS; and
2) the interface between Foreign investment law and general public interests, such as human rights and environmental protection. In this latter case, we shall do so by focusing on recent arbitral awards, particularly International Center for the Settlement of Investment Disputes (ICSID)’s very recent case law.
Both are very controversial matters calling for fresh forward thinking.
In regard to the methodology to be followed, those of you who have done Master courses with me shall not be surprised that I expect you to actively engage in the Course ‘teaching’ and the discussions to be held. This should permit you to train your research skills, presenting and arguing capacities, develop your critical thinking skills. For that, I arranged for each one of you to contribute a powerpoint presentation in class in each one of the 2 topics that we shall cover. Each one of you shall thus have 2 rounds of presenting the research that you are asked to do on 2 topics each. Apart from that, I expect each one of you to participate actively in the discussions that we shall hold after each one of the presentations and which I expect to be rich, lively, so as to explore every angle of analysis for each one of the matters that we shall address.
I can immediately advance the allocations of specific presentations topics that I entrust to each one of you randomly, following the number of your card (at this stage I have not yet even looked into the name list).
We shall be listening to such presentations and discuss them by order, starting on coming Tuesday, the 14th already. In between brackets, I indicate the date of the presentations)
Hence:
Issue 1: settlement of investment disputes, particularly investor-state dispute settlement (ISDS).
mb95096@um.edu.mo – Energy Charter Treaty (April, 14)
mb95103@um.edu.mo – International arbitration under ICSID (April, 14)
mb95104@um.edu.mo – international arbitration under the London Court of International Arbitration (April, 15)
mb95107@um.edu.mo - international arbitration under the International Chamber of Commerce (April, 15)
mb95124@um.edu.mo - international arbitration under the UNCITRAL Rules (April, 15)
mb95125@um.edu.mo - international arbitration under new arbitration centres in China (April, 16)
mb95134@um.edu.mo – the EU-proposed permanent arbitral court (April, 16)
Issue 2: the interface between Foreign investment law and general public interests, such as human rights and environmental protection
mb95096@um.edu.mo – the Methanex Case (April, 17)
mb95103@um.edu.mo - the Pacific Rim v. El Salvador Case (April, 17)
mb95104@um.edu.mo – the Aguas del Tunari v. Bolivia Case (April, 17)
mb95107@um.edu.mo – the Azurix v. Argentina Case (April, 18)
mb95124@um.edu.mo – the Biwater v. Tanzania Case (April, 18)
mb95125@um.edu.mo – the Suez v. Argentina Case (April, 18)
mb95134@um.edu.mo – the Urbaser v. Argentina Case (April, 18)
I trust that you may research and find the relevant materials for these presentations easily. In regard to the 2nd topic, I am going to send to you 2 articles which may be useful.
In regard to the assessment, I shall carry it out based on the quality of your presentation, looking at the aforementioned skills (research, arguing, critical thinking, discussion) as well as of what I expect to be the pro-active participation in the discussions.
Thanking in advance for your kind attention to these matters and begging you to kindly confirm good receipt of this message as well as the understanding of the works to be carried out, I make myself available for any information, clarification that you may seek in this regard, look forward to our meetings next week and remain yours sincerely,
Paulo Canelas de Castro