This module explores the legal implications (practical and theoretical) of foreign direct investment. Attention is paid to the perspectives of states, investors, civil society actors and theorists; and to placing legal implications in their economic, social, political and historical context. Questions considered include:
• What political, economic and legal actors and factors have shaped the international law on foreign investment?
• What are the legal implications of the fact that most foreign investments are made by corporations?
• What roles can host state legal systems play in attracting and regulating foreign investments?
• What international legal mechanisms are used to enable foreign investment?
• What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment?
Contact hours: 18
Private study hours: 182
Total study hours: 200
LLM in (Specialisation); LLM Law; PG Diploma in (Specialisation); PG Certificate in Law; PGDip/LLM in (Specialisation) Brussels
Main assessment methods
Written essay of no more than 5,000 words (100%)
Reassessment methods
Reassessment instrument: 100% coursework
Textbook
• M. Sornarajah (2010) 'The shaping factors' in The International Law on Foreign Investment, CUP
Other sources
• A. Perry-Kessaris (2008) Global Business, Local Law: the Indian legal system as a communal resource in foreign investment relations
• A. Perry-Kessaris ed. (2010) Socio-legal approaches to international economic law: Text, context, subtext Routledge.
• P. Dicken (2011) 'Global Shift.
• A. Lowenfeld (2008) International Economic Law
• M. Herdegen (2013) Principles of International Economic Law Chapter
• P. Muchlinski (2007) Multinational Enterprises and the Law
• J. Bakan (2005) The Corporation Constable.
• J. Salacuse (2010) The Law of Investment Treaties
See the library reading list for this module (Canterbury)
The intended subject specific learning outcomes.
On successfully completing the module students will be able to demonstrate:
1. An ability to systematically evaluate the substantive, analytical, normative and empirical characteristics of international law of foreign
investment as field of study and practice.
2. A practical understanding of how established techniques of research and enquiry are used to create and interpret knowledge in the field
and an ability to critically analyse those techniques.
3. A critical awareness of historical and contemporary theoretical and policy problems around the world that have generated, and continue to
inform, the international law of foreign investment.
4. Originality in the application and synthesis of the above knowledge and understanding.
The intended generic learning outcomes.
On successfully completing the module students will be able to:
1. Present relevant knowledge and understanding in the form of an integrated, reasoned argument through seminar discussion and written
assessment.
2. Identify and evaluate complex legal and policy problems according to their historical, political and legal context.
3. Carry out independent further research, synthesising material from a variety of sources to inform a sustained and detailed argument.
4. Ability to summarise detailed historical and conceptual material, recognising different positions that arise in the literature surveyed.
5. Appreciate, and critically analyse the implications of, the fact that legal forms arise and operate within complex historical and political
conditions.
6. Develop an awareness of, and an ability to critically analyse, the economic, political and/or social implications of legal forms and remedies.
Stage 1
University of Kent makes every effort to ensure that module information is accurate for the relevant academic session and to provide educational services as described. However, courses, services and other matters may be subject to change. Please read our full disclaimer.
