Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNETIONAL INVESTMENT ARBITRATION | ÖHKY1115682 | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Second Cycle (Master's Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. İlhan YILMAZ |
| Name of Lecturer(s) | Prof.Dr. İlhan YILMAZ |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | The aim of this course is; to teach students the terminology of international investment law, main resources and methods of resolving international investment disputes. |
| Course Content | This course contains; Introduction to International Investment Law,What is international investment ?,Main texts on international investment law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements ,Main Texts on International Investment Law: 2-National Texts,What is an international investment dispute?,Methods of Resolving International Investment Disputes: 1-International Court 2-National Courts – State Judiciary ,Methods of Resolving International Investment Disputes: 3-International Arbitration: International Commercial Arbitration-International Investment Arbitration ,Dispute Resolution Authorities in International Investment Arbitration: 1-Ad hoc Arbitration 2-Institutional Arbitration 3-Treaty Arbitration ,ICSID Convention,ICSID arbitration: Authority: -Consent -in terms of person -in terms of subject ,ICSID Arbitration: Standard Protection Provisions: -Expropriation -Most favored nation -National treatment -Non-discrimination -Full protection and security -Fair and equitable treatment -Proportionality ,ICSID Arbitration: Procedural Provisions,Annulment of ICSID Arbitral Awards,Recognition and Enforcement of ICSID Arbitral Awards . |
| Course Learning Outcomes | Teaching Methods | Assessment Methods |
| Defines the concept of international investment. | 10, 16, 9 | A, E |
| Recognizes the main international and national texts in international investment law. | 10, 16, 9 | A, E |
| Compares the resolution methods of international investment disputes. | 10, 16, 9 | A, E |
| Explains the resolution authorities in international investment arbitration. | 10, 16, 9 | A, E |
| Have knowledge about the ICSID Convention. | 10, 16, 9 | A, E |
| Explains the operation of the ICSID arbitration procedure. | 10, 16, 9 | A, E |
| Evaluates the annulment of arbitral awards in accordance with the ICSID Convention. | 10, 16, 9 | A, E |
| Discusses the conditions for recognition and enforcement of arbitral awards within the framework of the ICSID Convention. | 10, 16, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to International Investment Law | Sources related to the subject should be read. |
| 2 | What is international investment ? | Sources related to the subject should be read. |
| 3 | Main texts on international investment law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements | Sources related to the subject should be read. |
| 4 | Main Texts on International Investment Law: 2-National Texts | Sources related to the subject should be read. |
| 5 | What is an international investment dispute? | Sources related to the subject should be read. |
| 6 | Methods of Resolving International Investment Disputes: 1-International Court 2-National Courts – State Judiciary | Sources related to the subject should be read. |
| 7 | Methods of Resolving International Investment Disputes: 3-International Arbitration: International Commercial Arbitration-International Investment Arbitration | Sources related to the subject should be read. |
| 8 | Dispute Resolution Authorities in International Investment Arbitration: 1-Ad hoc Arbitration 2-Institutional Arbitration 3-Treaty Arbitration | Sources related to the subject should be read. |
| 9 | ICSID Convention | Sources related to the subject should be read. |
| 10 | ICSID arbitration: Authority: -Consent -in terms of person -in terms of subject | Sources related to the subject should be read. |
| 11 | ICSID Arbitration: Standard Protection Provisions: -Expropriation -Most favored nation -National treatment -Non-discrimination -Full protection and security -Fair and equitable treatment -Proportionality | Sources related to the subject should be read. |
| 12 | ICSID Arbitration: Procedural Provisions | Sources related to the subject should be read. |
| 13 | Annulment of ICSID Arbitral Awards | Sources related to the subject should be read. |
| 14 | Recognition and Enforcement of ICSID Arbitral Awards | Sources related to the subject should be read. |
| Resources |
| İlhan Yılmaz, Uluslararası Yatırım Uyuşmazlıklarının Tahkim Yoluyla Çözümü ve ICSID, 2004, Beta Yayınevi İlhan Yılmaz, Uluslararası Yatırım Hukukunda Faydaların Reddi, 2023, Legal Yayınları Rudolf Dolzer, Ursula Kriebaum, Christoph Schreuer, Principals of International Investment Law, Third Edition, Oxford |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | In light of the current developments in the field of private law, have knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | With understanding relationships among concept, institution and method that related to disciplines of private law, establish a connection between them. | X | |||||
| 3 | Reach scientific knowledge in the field of private law, evaluate, and use this information to solve legal problems. | X | |||||
| 4 | Implement the idea about individual and social problems of private law and in the light of current developments find resolutions. | X | |||||
| 5 | Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | Carry out an independent study which needs expertise in the field of private law and its sub-disciplines. | X | |||||
| 7 | Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | Critically evaluate acquired knowledge and skills in the field of private law and its sub-disciplines. | X | |||||
| 9 | Develop a positive attitude towards lifelong learning and convert it to behavior. | X | |||||
| 10 | Mean acquired knowledge in the field of private law and current developments about legal theory and practice to all groups systematically in written or oral form. | X | |||||
| 11 | Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them. | X | |||||
| 12 | Use software which in the level required by the field of law and information and communication technologies in the advanced level. | ||||||
| 13 | Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of private law and its sub-disciplines. | X | |||||
| 14 | With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 60 | 60 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 40 | 40 | |||
| General Exam | 1 | 80 | 80 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 222 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(222/30) | 7 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNETIONAL INVESTMENT ARBITRATION | ÖHKY1115682 | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Second Cycle (Master's Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. İlhan YILMAZ |
| Name of Lecturer(s) | Prof.Dr. İlhan YILMAZ |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | The aim of this course is; to teach students the terminology of international investment law, main resources and methods of resolving international investment disputes. |
| Course Content | This course contains; Introduction to International Investment Law,What is international investment ?,Main texts on international investment law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements ,Main Texts on International Investment Law: 2-National Texts,What is an international investment dispute?,Methods of Resolving International Investment Disputes: 1-International Court 2-National Courts – State Judiciary ,Methods of Resolving International Investment Disputes: 3-International Arbitration: International Commercial Arbitration-International Investment Arbitration ,Dispute Resolution Authorities in International Investment Arbitration: 1-Ad hoc Arbitration 2-Institutional Arbitration 3-Treaty Arbitration ,ICSID Convention,ICSID arbitration: Authority: -Consent -in terms of person -in terms of subject ,ICSID Arbitration: Standard Protection Provisions: -Expropriation -Most favored nation -National treatment -Non-discrimination -Full protection and security -Fair and equitable treatment -Proportionality ,ICSID Arbitration: Procedural Provisions,Annulment of ICSID Arbitral Awards,Recognition and Enforcement of ICSID Arbitral Awards . |
| Course Learning Outcomes | Teaching Methods | Assessment Methods |
| Defines the concept of international investment. | 10, 16, 9 | A, E |
| Recognizes the main international and national texts in international investment law. | 10, 16, 9 | A, E |
| Compares the resolution methods of international investment disputes. | 10, 16, 9 | A, E |
| Explains the resolution authorities in international investment arbitration. | 10, 16, 9 | A, E |
| Have knowledge about the ICSID Convention. | 10, 16, 9 | A, E |
| Explains the operation of the ICSID arbitration procedure. | 10, 16, 9 | A, E |
| Evaluates the annulment of arbitral awards in accordance with the ICSID Convention. | 10, 16, 9 | A, E |
| Discusses the conditions for recognition and enforcement of arbitral awards within the framework of the ICSID Convention. | 10, 16, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to International Investment Law | Sources related to the subject should be read. |
| 2 | What is international investment ? | Sources related to the subject should be read. |
| 3 | Main texts on international investment law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements | Sources related to the subject should be read. |
| 4 | Main Texts on International Investment Law: 2-National Texts | Sources related to the subject should be read. |
| 5 | What is an international investment dispute? | Sources related to the subject should be read. |
| 6 | Methods of Resolving International Investment Disputes: 1-International Court 2-National Courts – State Judiciary | Sources related to the subject should be read. |
| 7 | Methods of Resolving International Investment Disputes: 3-International Arbitration: International Commercial Arbitration-International Investment Arbitration | Sources related to the subject should be read. |
| 8 | Dispute Resolution Authorities in International Investment Arbitration: 1-Ad hoc Arbitration 2-Institutional Arbitration 3-Treaty Arbitration | Sources related to the subject should be read. |
| 9 | ICSID Convention | Sources related to the subject should be read. |
| 10 | ICSID arbitration: Authority: -Consent -in terms of person -in terms of subject | Sources related to the subject should be read. |
| 11 | ICSID Arbitration: Standard Protection Provisions: -Expropriation -Most favored nation -National treatment -Non-discrimination -Full protection and security -Fair and equitable treatment -Proportionality | Sources related to the subject should be read. |
| 12 | ICSID Arbitration: Procedural Provisions | Sources related to the subject should be read. |
| 13 | Annulment of ICSID Arbitral Awards | Sources related to the subject should be read. |
| 14 | Recognition and Enforcement of ICSID Arbitral Awards | Sources related to the subject should be read. |
| Resources |
| İlhan Yılmaz, Uluslararası Yatırım Uyuşmazlıklarının Tahkim Yoluyla Çözümü ve ICSID, 2004, Beta Yayınevi İlhan Yılmaz, Uluslararası Yatırım Hukukunda Faydaların Reddi, 2023, Legal Yayınları Rudolf Dolzer, Ursula Kriebaum, Christoph Schreuer, Principals of International Investment Law, Third Edition, Oxford |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | In light of the current developments in the field of private law, have knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | With understanding relationships among concept, institution and method that related to disciplines of private law, establish a connection between them. | X | |||||
| 3 | Reach scientific knowledge in the field of private law, evaluate, and use this information to solve legal problems. | X | |||||
| 4 | Implement the idea about individual and social problems of private law and in the light of current developments find resolutions. | X | |||||
| 5 | Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | Carry out an independent study which needs expertise in the field of private law and its sub-disciplines. | X | |||||
| 7 | Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | Critically evaluate acquired knowledge and skills in the field of private law and its sub-disciplines. | X | |||||
| 9 | Develop a positive attitude towards lifelong learning and convert it to behavior. | X | |||||
| 10 | Mean acquired knowledge in the field of private law and current developments about legal theory and practice to all groups systematically in written or oral form. | X | |||||
| 11 | Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them. | X | |||||
| 12 | Use software which in the level required by the field of law and information and communication technologies in the advanced level. | ||||||
| 13 | Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of private law and its sub-disciplines. | X | |||||
| 14 | With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |