Last modified: 20 Mar 2025 15:16
The complex interaction between investment protection and the sovereign right of states to regulate has been most acute in the energy sector. On the one hand, investors require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other, states can be tempted to interfere with foreign energy investments because of their strategic and social importance. This course aims to analyse if existing investment disciplines and international investment protection framework, are adapted to the specific regulatory risks that investors face in the energy landscape of the 21st Century and how best to avoid disputes and manage them.
| Study Type | Postgraduate | Level | 5 |
|---|---|---|---|
| Term | Second Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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The rapid increase in the number of arbitral awards in recent years has highlighted the challenge for host states of creating an attractive investment climate and at the same time safeguarding sufficient regulatory space to pursue public policy objectives. The complex interaction between foreign investment protection and the regulatory sovereignty of states has been most acute in the energy sector. Energy investments are capital intensive and characterized with a long-term pay-back period. Investors therefore require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other hand, states are tempted to interfere with foreign energy investments because of their strategic and social importance. The purpose of this course is to explore the complex interaction between foreign investment protection and states’ regulatory sovereignty in international investment arbitration cases concerning the energy sector and relating to new and emerging perspectives such as climate change and sustainable development. This course aims to analyse if existing investment protection standards are adapted to the specific regulatory and political risks that investors face in the energy landscape of the 21st Century. The course concludes by examining the prospects for the future of the international investment protection framework. The course is delivered in a manner enabling the students to engage with the subjects deeply and practically.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 25 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Feedback will be provided within three weeks from the date of submission. |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Understand | Knowledge and understanding of the sources of international Investment Law |
| Factual | Remember | Knowledge of the concepts and terms prevalent in International Investment Arbitration |
| Assessment Type | Summative | Weighting | 25 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Case Note, 700-words. Feedback will be provided within three weeks from the date of submission. |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Understand | Knowledge and understanding of the sources of international Investment Law |
| Factual | Remember | Knowledge of the concepts and terms prevalent in International Investment Arbitration |
| Procedural | Analyse | Critically analyse complexities of the international investment treaty regime in the Energy Sector |
| Procedural | Evaluate | Critically evaluate the practical experiences dealing with International Investment Treaties and Arbitral Awards |
| Assessment Type | Summative | Weighting | 50 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Feedback will be provided within three weeks from the date of submission. |
Word Count | 3000 | |
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Procedural | Analyse | Critically analyse complexities of the international investment treaty regime in the Energy Sector |
| Procedural | Evaluate | Critically evaluate the practical experiences dealing with International Investment Treaties and Arbitral Awards |
There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
if due to extenuating circumstances. |
|||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Factual | Remember | Knowledge of the concepts and terms prevalent in International Investment Arbitration |
| Conceptual | Understand | Knowledge and understanding of the sources of international Investment Law |
| Procedural | Evaluate | Critically evaluate the practical experiences dealing with International Investment Treaties and Arbitral Awards |
| Procedural | Analyse | Critically analyse complexities of the international investment treaty regime in the Energy Sector |
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