Investment Law

DESCRIPTION

This course will allow students to understand how private cross-border investments can be protected. When an investment is generated and executed in one state, it will normally be regulated by the legal system of that state. This is the case when an investor’s rights are jeopardised by measures imposed by the local administration, typically by means of expropriation, nationalisation, seizure of property or assets, and/or the enforcement of limitations on the rights of the investors.

The situation becomes much more complex when an investment is international, i.e. when it originates in one state but is executed in another state (or in several other states). In such cases, not just one, but several legal systems become relevant, including the legal systems of the state hosting the investment, the investor’s home state, and third states. Moreover, international law, regional law, supranational law and/or transnational law may also become relevant.

A judge, arbitrator or lawyer dealing with cases involving the violation of international investment rights, must know how to navigate through these different legal systems and understand the substantive implications.