Bilateral investment treaties and other treaties with investment-related provisions have proliferated in recent decades, followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. We have also seen increasing scrutiny of inbound investment by national governments, as illustrated by the work of the Committee on Foreign Investment in the United States (CFIUS). This seminar will cover five broad areas: (I) the historical and policy origins of international investment agreements; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; (IV) current controversies over the legitimacy and desirability of ISDS; and (V) an introduction to CFIUS review in the United States. Students will make analytical presentations relating to the readings and write two reflection papers during the quarter. Elements used in grading: Class participation, attendance, oral presentations and reflection papers.
2 units · Law Honors/Pass/Restrd Cr/Fail
Bilateral investment treaties and other treaties with investment-related provisions have proliferated in recent decades, followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. We have also seen increasing scrutiny of inbound investment by national governments, as illustrated by the work of the Committee on Foreign Investment in the United States (CFIUS). This seminar will cover five broad areas: (I) the historical and policy origins of international investment agreements; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; (IV) current controversies over the legitimacy and desirability of ISDS; and (V) an introduction to CFIUS review in the United States. Students will make analytical presentations relating to the readings and write two reflection papers during the quarter. Elements used in grading: Class participation, attendance, oral presentations and reflection papers.
Offered in Autumn 2025 at Stanford University.