Code of Course: 327.015.01
Title of Course: International Investment Law
Credit: 3
Teaching Hours / week: 3
Instructor : Prof. Sun Nanshen (孙南申教授)
Teaching Purpose
To make students through course teaching (1) have a good understanding of the meanings of legal rules from international investment law , and (2) know how to apply these rules to actual situations with foreign investment.
Nature of Course
Required course for undergraduates of Law school .
Teaching Requirements and Methodology
The course are taught in both English( 70%) and Chinese( 30%). All students who attend the course must do pre-study work in advance and take notes in class as well as understand what the instructor speaks on legal rules in English. They must answer the instructor’s questions in class .The teaching methods adopted by the instructor are listed as follow: (1) to make explanation of legal provisions; (2) picking out or selecting important legal rules to give academic explanation through case analysis or actual situation; (3) to ask students questions in issue to make sure whether they understand the provisions of law ; (4) to leave certain time for replying of students questions and encourage them to participate class discussion; (5) the final examination will be held at the last week of the semester in the form of open book and in writing, the exam sheet will be offered in English but answered in Chinese.
Major Contents of Course
Topic One Introduction to International Investment
1. Definition of direct and indirect foreign investment
2. Main issues under international investment law
3. Feature of international investment law
Topic Two International Investment and Multinational Enterprise
1.Foreign investment law and multinational enterprises
2.The role of MNE for international investment
Topic Three Variation on Foreign Investment
1. Defining the foreign investment
2. Establishing foreign investment and its legal forms
3. Restriction on foreign investment
Topic Four Sources of International Investment Law
1. The law of host state to deal with foreign investment
2. The role of bilateral investment treaties (BIT)
3. Multilateral investment agreements under WTO
Topic Five Settlement of International Investment Disputes
1. The Settlement of investment disputes under host state
2. The Settlement of investment disputes under ICSID
Topic Six Movement of People Across National Borders
1. International Labor Organization standards
2. International Labor Agreement
3. Employment of local personal by MNE
Topic Seven Foreign Investment Law of PRC
1. Legal forms of foreign direct investment in China
2. Legal procedures for establishment of foreign investment enterprises
3. Capital contribution for joint ventures
Topic Eight Main Contents of BIT
1. Scope of application
2. Investment admission to market
3. Treatment standard after entry
4. Investment protection
5. Dispute settlements processes