Many fragile and post-conflict nations--such as the LAW 20 member states of the G7+ intergovernmental organization--are bound by older-generation Bilateral Investment Treaties (BITs) and International Investment Agreements (IIAs). While designed to attract foreign direct investment, these older texts frequently contain broad, vague, or obsolete provisions that expose least-developed nations to predatory litigation and costly Investor-State Dispute Settlement (ISDS) proceedings. Compounded by limited administrative capacity, states often face severe fiscal and legal risks, sometimes resulting in unfavorable arbitral awards rendered in default. In this Policy Lab, students will engage in international legal analysis and policy design activities by assisting selected G7+ member states in mapping their treaty networks, assessing systemic litigation vulnerabilities, and designing risk management strategies. In particular, students will: Analyze basic BIT and IIA provisions that pose high risks to state parties, including Fair and Equitable Treatment, Most-Favored-Nation, Expropriation, Umbrella Clauses, Stabilization Clauses, and Dispute Resolution provisions; Study case patterns of pending and concluded ISDS disputes involving fragile states, including identifying instances of default or non-participation by respondent states in international arbitration and the legal consequences of such non-participation; Examine legal mechanisms for treaty reform, assessing unilateral termination options, timeframes for treaties to remain in force ("sunset clauses"), and prospects for treaty amendment, where appropriate; Evaluate global investment treaty practices to identify modern provisions capable of protecting the state's right to engage in bona fide regulate and that are suitable for adaptation in fragile and conflict-affected contexts; Engage directly with G7+ leadership and diplomatic missions to share and provide advice on the results of the analysis performed in the Policy Lab. Elements used in grading: Attendance, performance, class participation, written assignments, and final paper.
3 units · Law Honors/Pass/Restrd Cr/Fail
Many fragile and post-conflict nations--such as the 20 member states of the G7+ intergovernmental organization--are bound by older-generation Bilateral Investment Treaties (BITs) and International Investment Agreements (IIAs). While designed to attract foreign direct investment, these older texts frequently contain broad, vague, or obsolete provisions that expose least-developed nations to predatory litigation and costly Investor-State Dispute Settlement (ISDS) proceedings. Compounded by limited administrative capacity, states often face severe fiscal and legal risks, sometimes resulting in unfavorable arbitral awards rendered in default. In this Policy Lab, students will engage in international legal analysis and policy design activities by assisting selected G7+ member states in mapping their treaty networks, assessing systemic litigation vulnerabilities, and designing risk management strategies. In particular, students will: Analyze basic BIT and IIA provisions that pose high risks to state parties, including Fair and Equitable Treatment, Most-Favored-Nation, Expropriation, Umbrella Clauses, Stabilization Clauses, and Dispute Resolution provisions; Study case patterns of pending and concluded ISDS disputes involving fragile states, including identifying instances of default or non-participation by respondent states in international arbitration and the legal consequences of such non-participation; Examine legal mechanisms for treaty reform, assessing unilateral termination options, timeframes for treaties to remain in force ("sunset clauses"), and prospects for treaty amendment, where appropriate; Evaluate global investment treaty practices to identify modern provisions capable of protecting the state's right to engage in bona fide regulate and that are suitable for adaptation in fragile and conflict-affected contexts; Engage directly with G7+ leadership and diplomatic missions to share and provide advice on the results of the analysis performed in the Policy Lab. Elements used in grading: Attendance, performance, class participation, written assignments, and final paper.
Offered in Autumn 2026, Winter 2027 at Stanford University.