What role does the international regulation of Foreign Direct Investment (FDI) play in the promotion of socio-economic well-being of countries? Do investment treaties strike a balance between protection of investments and respect for states’ right to regulate in the public interest?
The regulation of multinational corporations investing in the host country and the legal relationship between the host country and multinationals have been matters of controversy between capital exporting and capital importing countries for decades. The emergence of the international law on foreign investment can be traced back to the immediate post-colonial period. This conflict has been reflected in both international and national legal regimes and has intensified with the call for a New International Economic Order (NIEO) since the 1970s. Despite the fact that the campaign for a NIEO has not been successful, there have been efforts at both the regional and multilateral levels to codify international law in the field. You will gain a comprehensive understanding of the legal implications (practical and theoretical) of foreign direct investment regulation, placing these implications in their economic, social, political and historical context. Attention will be paid to the perspectives of states, investors, civil society actors and theorists.
Lecture/seminars 16
Workshops 8
Independent Study 116
Assessment Preparation 60
Extended writing: Short Essay 1,000 words worth 30%.
Extended writing: Essay 3,000 words worth 70%.
Reassessment: Like for Like.
See the library reading list for this module (Canterbury)
On successfully completing the module, students will be able to:
1. Critically evaluate the evolution of the international law on foreign investment in the post-colonial context.
2. Critically appraise the scope and content of this branch of international law.
3. Systematically identify and explain the theoretical and practical implications of different legal and policy issues relating to foreign investment for the economic development of the host state, not only in the light of international law but also from the perspectives of public law, private law, development theories, political sciences and international political economy.
4. Critically evaluate the implications of different arguments put forward by different scholars, organisations and states representing different interest groups, to support their respective theoretical standpoints.
5. Critically evaluate and examine the main features of contemporary bilateral investment treaties, and the arguments concerning ‘the right to regulate’ in the context of socio-economic rights, human rights and environmental concerns
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