General Information
International Investment and Trade Law is an elective subject in postgraduate programs offered by the Faculty of Law. It examines the international legal frameworks for cross-border investment and trade. The subject considers contemporary and emerging investment and trade trends, Regional and Bilateral Trade and Investment Agreements, business planning considerations and dispute resolution mechanisms. Investment structures examined include joint ventures, the appointment of distributors and agents, licensing and other technology transfer arrangements and the acquisition of local companies and property. Trade institutions and the international trade law system examined include the World Trade Organisation; the World Bank Group; the International Monetary Fund; the General Agreement on Tariffs and Trade; Australia's Free Trade Agreements; intellectual property and the digital economy.
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Details
Academic unit: Faculty of Law Subject code: LAWS77-746 Subject title: International Investment and Trade Law Subject level: Postgraduate Semester/Year: January 2024 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Intensive Workload items: - Seminar: x6 (Total hours: 24) - Seminar 1
- Personal Study Hours: x12 (Total hours: 96) - Recommended study hours
Attendance and learning activities: International Investment and Trade Law is taught in an intensive manner, with an emphasis on legal frameworks and comparative law, as experienced in international legal practice. The subject structure assumes topic materials are read in advance of classes. -
Resources
Prescribed resources: Books
- M. Sornarajah (2021). The International Law on Foreign Investment. 5th, Cambridge University Press 661
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications.
Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Class recordings: The primary workload items for this subject will be recorded for the purpose of revision.
These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision.
See the Recording policy for further details.
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS77-746 |
| Subject title: | International Investment and Trade Law |
| Subject level: | Postgraduate |
| Semester/Year: | January 2024 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Intensive |
| Workload items: |
|
| Attendance and learning activities: | International Investment and Trade Law is taught in an intensive manner, with an emphasis on legal frameworks and comparative law, as experienced in international legal practice. The subject structure assumes topic materials are read in advance of classes. |
| Prescribed resources: | Books
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
| Class recordings: | The primary workload items for this subject will be recorded for the purpose of revision. These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision. See the Recording policy for further details. |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects. |
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Understand the regulation of cross-border investment and trade.
- Appreciate the impact of investment and trading decisions across a range of areas of economic and social activity.
- Understand the framework and method of international dispute resolution.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.
- Understand and be capable of assessing the international legal structures for investment and trade.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Presentation Student Presentations on an assigned topic. Presentations to be conducted in Week 3. 20.00% Week 3 1,2,3,4,5 Computer-aided Test (Closed) Multiple choice exam. To be released and completed in Week 5. 30.00% Week 5 1,3,4,5 Essay Research paper or memorandum (between 4000-5000 words). Topics to be released after completion of content delivery. Due in Week 12. 50.00% Week 12 1,2,3,4,5 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Presentation | Student Presentations on an assigned topic. Presentations to be conducted in Week 3. | 20.00% | Week 3 | 1,2,3,4,5 |
| Computer-aided Test (Closed) | Multiple choice exam. To be released and completed in Week 5. | 30.00% | Week 5 | 1,3,4,5 |
| Essay | Research paper or memorandum (between 4000-5000 words). Topics to be released after completion of content delivery. Due in Week 12. | 50.00% | Week 12 | 1,2,3,4,5 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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Foreign investment: Brief historical overview, forms of regulation and business vehicles
Historical overview of foreign investment regulation, discussion of main controls and joint ventures, distributorships and licensing as an investment vehicle.
SLOs included
- Understand the regulation of cross-border investment and trade.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.
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Role of international institutions; Effect of GATT/WTO law on international investment and trade
Brief overview of WTO, GATT, WB and IMF. Impact of GATT/WTO framework on foreign investment.
SLOs included
- Understand the regulation of cross-border investment and trade.
- Appreciate the impact of investment and trading decisions across a range of areas of economic and social activity.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.
- Understand and be capable of assessing the international legal structures for investment and trade.
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Multinational corporations (MNCs) and regulatory measures by home state.
Discussion of obligations on MNCs and control over the MNC conduct by their home states.
SLOs included
- Understand the regulation of cross-border investment and trade.
- Appreciate the impact of investment and trading decisions across a range of areas of economic and social activity.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.
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Investment treaties
Discussion of bilateral investment treaties (BITs), multilateral and regional treaties on investment.
SLOs included
- Understand the regulation of cross-border investment and trade.
- Appreciate the impact of investment and trading decisions across a range of areas of economic and social activity.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.
- Understand and be capable of assessing the international legal structures for investment and trade.
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Standards of treatment
Discussion of breach of treatment standards, regulator takings of foreign property and compensation.
SLOs included
- Understand the regulation of cross-border investment and trade.
- Appreciate the impact of investment and trading decisions across a range of areas of economic and social activity.
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Dispute settlement
Investor-state dispute settlement (ISDS) and treaty based investment arbitration.
SLOs included
- Understand the regulation of cross-border investment and trade.
- Understand the framework and method of international dispute resolution.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.
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Australia's foreign investment environment
Discussion of FDI in Australia; Issues in Australia's BITs/FTAs and future directions.
SLOs included
- Understand the regulation of cross-border investment and trade.
- Appreciate the impact of investment and trading decisions across a range of areas of economic and social activity.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.