HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW APPROVAL OF PRINCIPAL DETAILED OUTLINE INTERNATIONAL INVESTMENT LAW (FOR HLU INTERNAL USE ONLY) HÀ NỘI - 2022 FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW Program: Bachelor of Law (High Quality Training Program) Course title: International Investment Law Credit points: 02 Type of the course: Optional INFORMATION OF LECTURERS 1.1 Lecturers N Name Title Email o Ngo Trong LL.M ngotrongquancbg@gmail.com Quan Nguyen Ba Assoc nguyenbabinh@hotmail.com Binh Prof Nguyen Thi LL.M nguyenanhtho0102@yahoo.co Anh Tho m Nguyen LL.M mailinhnguyen110@gmail.com Mai Linh Doan Thanh LL.M amelia.doan@gmail.com Huyen Trinh Hai Ph.D pltmdpdtqt@gmail.com Yen Lai Thi Van LL.M pltmdpdtqt@gmail.com Anh Nguyen Thi LL.M pltmdpdtqt@gmail.com Nhung Dinh Anh LL.M pltmdpdtqt@gmail.com Tuyet 10 Nguyen LL.M pltmdpdtqt@gmail.com Huu Phu 11 Vo Le Nam LL.M pltmdpdtqt@gmail.com Tel 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 1.2 Assistants N Name o Le Dinh Quyet Do Thu Huong Title LL.M LL.M Email pltmdpdtqt@gmail.co m pltmdpdtqt@gmail.co m Tel 04.3773178 04.3773178 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) PREREQUISITE COURSES - Basic Legal English (CLC.ĐB09) - Public International Law (CLC.CB20) - International Trade and Business Law (CLC.CB23) SUMMARY OF THE COURSE 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 CONTENTS OF THE COURSE Issue 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 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 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) OUTPUT STANDARDS OF THE COURSE AND MAPPING WITH THE OUTPUT STANDARDS OF THE TRAINING PROGRAM 5.1 The Course Learning Outcomes (CLOs) This course aims at introducing students to the core principles of international investment law and 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:  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  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  Self-control ability and self-responsibility T12 Be confident, willing to acquire new knowledge and open to different viewpoints in the field; T13 Develop a sense of honesty, striving for progress and protection of justice; T14 Develop a sense of respect and compliance with the law; T15 Develop professional working ethics 5.2 The matrix demonstrating the compatibility of the CLOs with the TPLOs Course Learning Outcome s K1 The Knowledge LOs of the training program K8 K13   The Skill LOs of the training program The ability LOs of the training program K16 S17 S18 S25 S26 S27 S28 S30 S31 T32 T33 T34  K2 K3 K4 K5 K6 S7 S8 S9 S10 S11 T12 T13 T14 T15                                                                    LEARNING OBJECTIVES 6.1 Detailed learning objectives Objective Issue Overview of Internationa l Investment and Internationa l Investment Law Level Level Level 1A1 Introducing the history of economic globalization and international investment 1A2 Presenting the historical development of international investment law 1A3 Listing sources of international 1B1 Analysing the reasons that investment treaties have come to play a dominant role in investment protection 1B2 Analysing the pros and cons of a multilateral investment agreement 1B3 Analysing the concept of political risk insurance as 1C1 Giving comments on the the ways investors can protect their rights in the host countries 1C2 Giving comments on the sources of international investment law in dispute settlement 1C3 Giving investment law 1A4 Listing different aspects in the scope of investment treaties 1A5 Listing customary international law governing foreign investment relationships 2A1 Identifying Fundamenta the components l Principles of the most of favoured nation Internationa (MFN) l Investment principle Law 2A2 Identifying the components of the national treatment (NT) principle 2A3 Identifying the elements of fair and equitable treatment (FET) principle 2A4 Presenting the scope of full protection and security (FPS) an alternative or a supplement to treaty protection and dispute settlement 1B4 Analysing the scope of a particular investment treaty in terms of covered investor and covered investment 2B1 Analysing the interpretations of MFN by investment tribunals 2B2 Analysing the interpretations of NT by investment tribunals 2B3 Analysing the relationship between the international minimum standard of treatment and FET 2B4 Analysing the interpretation of FET in investment disputes 2B5 Analysing the comments on the current features of treaty practice and arbitral practice in international investment law 2C1 Assessing the importance of the like circumstance requirement and relevance of WTO jurisprudence 2C2 Giving comments on the impact of fair and equitable treatment principle on investment liberalization 2C3 Comparing the fair and equitable standard 2A5 Presenting the content of protection of foreign investors against unlawful expropriation 2A6 Presenting the methods of resolving investor-state disputes 2A7 Presenting the content of other principles of investment protection (umbrella clause, transfer of funds, movement of natural persons, performance requirements) 2A8 Presenting exceptions of the basic principles of international investment law application of FPS in investment disputes 2B6 Distinguishing lawful and unlawful, direct and indirect expropriation 2B7 Distinguishing the sole-effect doctrine and police power doctrine in determination of indirect expropriation 2B8 Analysing the advantages and disadvantages of investor-state arbitration 2B9 Analysing the advantages and disadvantages of diplomatic protection 2B10 Analysing criticisms against ISDS treatment standard with the full protection and security standard 2C4 Giving comments on recent developments and limitations of investment arbitration 2C5 Assessing the jurisprudence approaches to interpretation of umbrella clauses 2C6 Assessing the role of exceptions in protecting regulatory space of host states 2C7 Evaluating the pros and cons of an appellate review mechanism in investment arbitration 3A1 Presenting the WTO, FTA and BIT commitments of Vietnam regarding international investment 3A2 Presenting the Vietnamese legal system Viet Nam regulating and international Internationa investment l Investment relations Law 3A3 Presenting the coordination process of ISDS in Vietnam 3B1 Analysing the content of investment treaties of Vietnam 3B2 Analysing Vietnamese law regulating international investment relations 3B3 Analysing the major differences between traditional and new generation investment treaties of Vietnam 3C1 Giving comments on the Vietnam’s commitments in recent investment treaties or investment chapters of free trade agreements (CPTPP and EVIPA) 3C2 Giving comments on the practice of Vietnam’s ISDS 3C3 Giving comments on the new investor-state dispute settlement mechanism in EVIPA 6.2 Total learning objectives Objectives Issue Issue Issue Issue Total Level Level Level Total 16 10 17 13 12 25 46 THE MATRIX DEMONSTRATING THE COMPATIBILITY OF THE DETAILED LEARNING OBJECTIVES WITH CLOs Knowledge Skills Ability Objectives K1 K2 K3 K4 K5 K6 S7 S8 S9 S10 S11 T12 T13 T14 T15 1A1              1A2              1A3              1A4              1A5              1B1              1B2              1B3              1B4              1C1              1C2              1C3              2A1              2A2              2A3              2A4              2A5              2A6              2A7              2A8              2B1              2B2               10 2B3              2B4              2B5              2B6              2B7              2B8               2B9               2B10               2C1              2C2              2C3              2C4              2C5              2C6              2C7                3A1              3A2              3A3              3B1              3B2              3B3              3C1              3C2              3C3              MATERIALS 8.1 Compulsory materials 11 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 http://pltmqt.hlu.edu.vn/SubNews/Details/17088) 8.2 Recommended Materials * Books Andrew Newcombe, LLuis Paradell, Law and Practice of Investment Treaties: Standards of Treatment, Kluwer Law International, 2009 August Reinisch, Advanced Introduction to International Investment Law, Edward Elgar Publishing, 2020 C L Lim, Jean Ho, Martins Paparinskis, International Investment Law and Arbitration: Commentary, Awards and other Materials (2nd edition), Cambridge University Press, 2021 Jean Ho, State Responsibility for Breaches of Investment Contracts, Cambridge University Press, 2018 Jeffery Commission and Rahim Moloo, Procedural Issues in International Investment Arbitration, Oxford University Press, 2018 Johanne M Cox, Expropriation in Investment Treaty Arbitration, Oxford University Press, 2019 Jurgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge University Press, 2016 M Sornarajah, The International Law on Foreign Investment, Cambridge University Press, Third Edition, 2010 Marie-Claire Cordonier Segger, Markus W Gehring, Andrew Newcombe, Sustainable Development in World Investment Law, Kluwer Law International, 2011 10 Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good Governance, Hart Publishing, 2018 11 Peter Muchlinski, Federico Ortino, and Christoph Schreuer, The Oxford Handbook of International Investment Law, Oxford University Press, 2008 12 Peter Muchlinski, Multinational Enterprises and the Law (Third Edition), Oxford University Press, 2019 13 Surya P Subedi, International Investment Law - Reconciling Policy and Principle, Hart Publishing, Third Edition, 2020 12 14 Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia of International Economic Law, Edward Elgar Publishing, 2017 15 Wongkaew Teerawat, Protection of Legitimate Expectations in Investment Treaty Arbitration, Cambridge University Press, 2019 16 Yannick Radi, Rules and Practices of International Investment Law and Arbitration, Cambridge University Press, 2020 * Legal texts and reports The ICSID Convention 1965 The New York Convention 1958 The ASEAN Comprehensive Investment Agreement (ACIA) 2009 13 The North American Free Trade Agreement (NAFTA) 1994 The European Union – Vietnam Investment Protection Agreement (EVIPA) 2019 The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) 2018 The Vienna Convention on the Law of Treaties (VCLT) 1969 International Law Commission Draft Articles on Responsibility of States for Internationally Wrongful Acts 2001 2012 US Model Bilateral Investment Treaty, https://2009-2017.state.gov/documents/organization/188371.pdf 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, https://www.wto.org/english/thewto_e/acc_e/a1_vietnam_e.htm 12 WTO, Trade Policy Review: Viet Nam, https://www.wto.org/english/tratop_e/tpr_e/tp387_e.htm 13 UNCTAD, UNCTAD Series on Issues in International Investment Agreements I/II https://shop.un.org/series/united-nations-conference-trade-anddevelopment-unctad-series-issues-international-investment https://shop.un.org/series/unctad-series-issues-international-investmentagreements?page=1 14 UNCTAD, Investment Policy Review: Vietnam, 2008, https://unctad.org/en/pages/PublicationArchive.aspx?publicationid=521 15 OECD, OECD Investment Policy Reviews: Vietnam 2018, https://aanzfta.asean.org/uploads/2018/12/OECD-Investment-PolicyReview-Viet-Nam-2018.pdf 16 OECD, OECD Investment Policy Reviews: Southeast Asia, 2018, https://www.oecd.org/daf/inv/investment-policy/Southeast-AsiaInvestment-Policy-Review-2019.pdf 14 17 World Bank, 2019 Investment Policy and Regulatory Review – Vietnam, https://openknowledge.worldbank.org/bitstream/handle/10986/33598/Vietn am-2019-Investment-Policy-and-Regulatory-Review.pdf? sequence=1&isAllowed=y 18 ASEAN Secretariat, ASEAN Comprehensive Investment Agreement (ACIA) – A Guidebook for Businesses and Investors, 2013, http://aadcp2.org/asean-comprehensive-investment-agreement-aguidebook-for-businesses-and-investors/ 19 APEC, Handbook on Obligations in International Investment Agreements, 2020, https://www.apec.org/Publications/2020/09/Handbookon-Obligations-in-International-Investment-Treaties 20 US Department of States, 2021 Investment Climate Statements: Vietnam, https://www.state.gov/reports/2021-investment-climatestatements/vietnam/ 21 Other International Investment Agreements and Investor-State Disputes 8.3 Websites 10 11 UNCTAD, https://investmentpolicy.unctad.org/ UNCITRAL, http://www.uncitral.org ICSID, http://icsid.worldbank.org WTO, http://www.wto.org USTR, http://www.ustr.gov EU, https://ec.europa.eu/trade/ WTO Center, http://www.trungtamwto.vn/ https://www.italaw.com/ http://www.investment-law-digest.com/ https://www.iisd.org/itn/ https://moj.gov.vn/Pages/home.aspx TEACHING – LEARNING FORMS 9.1 General Schedule Week Teaching-learning forms Unit LectureSeminar Group SelfAssessment work studying Total 15 Receiving Assignments 1 (0) (2) (3) 2 2 (4) (4) (2) (2) (3) (3) 2 (4) (2) (3) (4) (2) (3) Total hours 12 16 10 15 53 Credit hours 12 5 30 Submitting Teamwork Assignment 9.2 Detailed Schedule WEEK – ISSUE Teaching – Credit Learning hours form Main contents Requirements for students’ preparation - Introduction of the Course - Overview of International Investment and International Investment Law (Definition, History, Sources) - Scope of Invesment Treaties * Reading: - The Course Outline - Hanoi Law University, Textbook on International Lecture Investment Law, Youth Publishing House, Hanoi, 2017, Chapter One, Sections 1,2,3,4,5 - Reading the materials and - Formation of teams the teamwork assignments - Discussion of teamwork Group - Outlining the discussion work assignments and allocation contents of tasks - Reviewing the lecture notes Structure of an international - Reading the materials and Self study investment agreement cases cited in textbook Content: To give professional advice on the methods of studying; Tutoring tutoring on searching and reading references; other questions 16 related to the course - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Seminar 1 Seminar Group work Self study Main contents Requirements for students’ preparation - Reading: Fundamental Principles of + Hanoi Law University, International Investment Law Textbook on International + Most-Favored Nation Investment Law, Youth (MFN) Publishing House, Hanoi, + National Treatment (NT) 2017, Chapter Two and Three Discussion about Most- Reading Textbook and Favored-Nation Treatment lecture notes Principle - Questions given Discussion about National by lecturer Treatment Principle - Reading the materials - Discussion of teamwork and cases assignment - Outlining the discussion - Discussion of the lecture contents content - Reviewing the lecture notes + The application of MFN and NT Principles in investment dispute practices - Reading the materials and (cases) cases cited in textbook + Umbrella Clause and Other Principles of International Investment Law 17 - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Seminar Seminar Group work Self study Main contents Requirements for students’ preparation Fundamental Principles of International Investment Law + Fair and Equitable Treatment (FET) and Full Protection and Security (FPS) + Protection against Unlawful Expropriation - Reading: + Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017, Chapter Four and Five - Reading Textbook and lecture notes Discussion about FET and FPS Discussion about Expropriation - Questions given by lecturer - Discussion of teamwork assignment - Discussion of the lecture content - Reading the materials and cases - Outlining the discussion contents - Reviewing the lecture notes + Interpretation of FET, FPS and expropriation in investment dispute settlement - Reading the materials (cases) and cases cited in + Exceptions to the Principles textbook of International Investment Law 18 - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Seminar 1 Seminar Group work Self study Main contents Requirements for students’ preparation - Reading: + Hanoi Law University, Fundamental Principles of Textbook on International Investment Law International Investment + Investor-State Dispute Law, Youth Publishing Settlement (ISDS) Mechanism House, Hanoi, 2017, Chapter Six Discussion about: + Methods of Investor-State Dispute Settlement + Jurisdictional Issues in - Reading Textbook and Investment Arbitration lecture notes Discussion about Procedural - Questions given Issues in Investment by lecturer Arbitration * Submitting Teamwork Assignment - Reading the materials and cases - Discussion of teamwork - Outlining the discussion assignment contents - Discussion of the lecture - Reviewing the lecture notes - Procedural aspects of ISDS - Reading the materials 19 (cases) and cases cited in - Other Principles of textbook International Investment Law - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Seminar 1 Seminar Group work Main contents Vietnam and International Investment Law: + International Commitments of Vietnam regarding Investment + Vietnam’s ISDS Coordination Mechanism Discussion about: + Recent Investment Treaties of Vietnam (E.g EVIPA, CPTPP) + Vietnam’s ISDS Coordination Mechanism Presentation of Teamwork Assignment Submitting Semester Assignment - Discussion of teamwork assignment - Discussion of the lecture Requirements for students’ preparation - Reading: + Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017, Chapter Ten and Twelve - Reading Textbook and lecture notes - Questions given by lecturer - Reading the materials and cases - Outlining the discussion contents 20 - Reviewing the lecture notes Vietnamese Law Regulating - Reading the materials in International Investment textbook Relations - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 Self study 10 POLICIES OF THE COURSE - Course delivery is in accordance with the University’s regulations - Assignments must be submitted by the deadline - 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 11 ASSESSMENT METHODS 11.1 Regular assessment - Inspections: Students participate in 75% or more of the prescribed hours for each theory or seminar part - Participation in seminars and team assignment 11.2 Periodical assessment Type of assignment Assessing knowledge and attitudes to participate in seminar 01 Teamwork Assignment Final Exam Weight 10% 30% 60% 11.3 Assessment criteria  Assessing knowledge and attitude to participate in seminar 21 - Assessing knowledge: Self-study and understand the lesson (1-7 mark) - Attitudes to participate in seminar: negative/ positive (1-3 mark) - Total: 10 mark  Teamwork assignments - Format: Essay - Content: Issues covered in the course - Assessment criteria:  Understanding of relevant law and legal policy  Critical and analytical response to the topic  Structure and organisation of ideas  References to, and engagement with, relevant primary legal and secondary scholarly sources  Written expression, including use of legal terminology, proofreading, grammar, and punctuation - General requirements on assignments  Referencing style: Follow the University’s guidelines on citations and bibliography (pp 5-9, Annex 2), available at http://dt.hlu.edu.vn/SubNews/Details/17989 Plagiarism in any form is strictly penalized  Formatting style: Paper Size: A4, Font: Times New Roman, Size: 13, Margins: Top 2cm, Bottom 2cm, Left 3cm, Right 2cm, Line Spacing: Multiple at 1.3, Spacing: Before 6pt, After 6pt  Final examination - Condition to participate in the final exam: + Students participate in 75% or more of the prescribed hours for each theory or seminar part + Teamwork assignment or individual exam must be greater than - Format: 100% multiple-choice questions - Content: All issues given in class and other self-studied issues, including all learning objectives listed in Section of this Outline - Assessment criteria: In accordance with the detailed answers given by lecturers LEADER OF SUBJECT 22 TABLE OF CONTENTS 10 11 Information of lecturers Prerequisite courses Summary of the course Content of the course Output standards of the course Learning objectives The matrix learning objectives with CLOs Materials Teaching – learning forms Policies of the course Assessment methods Page 3 11 14 20 20 23 ... include: 1) Overview of International Investment and International Investment Law 2) Fundamental Principles of International Investment Law 3) Viet Nam and International Investment Law CONTENTS OF THE... 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. .. - Basic Legal English (CLC. ĐB09) - Public International Law (CLC. CB20) - International Trade and Business Law (CLC. CB23) SUMMARY OF THE COURSE International investment law has been emerging as