Negotiation of Investment Agreements

Statement of need

This course provides an introduction to the dynamic field of international investment law, examining the evolution and the nature of the substantive disciplines, including standards and principles of investment protection, recent patterns of treaty-making and particularly investor-state dispute settlement and the evolving body of jurisprudence in investment arbitration. The course aims to raise awareness among all participants, of the obligations resulting from international investment agreements (IIAs) and the consequences derived from its breach or non-compliance.

This course will introduce participants to the rationale and main problems arising from the implementation of International Investment Agreements, from the perspective of both States and investors, as well as the most relevant topics in the areas of conflict management, dispute prevention and systems design in the investment field. As we are presently in the midst of a period of unparalleled re-examination and innovation of the investor-state dispute settlement regime, this course will also address some of the most important policy and rules changes, both proposed and implemented, to improve Investor-State arbitration or as alternatives to that system.

Expected learning outcomes

• To explain the historical background of the international regulation of foreign investment.
• To provide a clear understanding of the network and architecture of rules governing investment at the bilateral, regional and multilateral levels.
• To analyse key trends and the legal implications of investment treaty-making
• To examine the main features and practical implications of dispute settlement procedures in international investment, with a special focus on investor-State arbitration.
• To analyse key trends and the legal implications of investor-State arbitration.
• To explain the difference between dispute resolution and conflict management mechanisms and how such distinction can lead to developing protocols of investor-State dispute avoidance.
• To explain the most important reforms to policy and regulations regarding investor-State dispute settlement, that have been implemented or proposed as alternatives to Investor-State arbitration or to improve that system. 

Content

• The landscape of bilateral and regional investment treaties in Africa and overview of multilateral agreements.
• Overview & architecture of BITs:
• Standards of treatment; investment protection & dispute settlement.
• Modern investment provisions in Investment Treaties and Investment Facilitation
• Assessment of Provisions of Regional and Continental Investment Treaties;

Target Group

• Officials from Trade and Trade Related Ministries, Officials from Regional Economic Communities, Negotiators, and Regional Integration Practitioners are involved in negotiations. Ministries of law including attorney general offices, ministries of foreign affairs, ministries of trade and finance etc. Parastatals and agencies dealing with investment, telecommunications, competition policy, energy, mining, water, health, agriculture, tourism, ICT and such ministries and agencies provide regulatory oversight and overall functioning of the investments.

Duration
2 Weeks

Venues
a) Venue 1: Arusha
Date: 2 – 13 December 2024
b) Venue 2: Seychelles
Date: 2 – 13 December 2024

Course Fees
$1,600