Course Detail
Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNATIONAL INVESTMENT LAW | HUK4215645 | Spring Semester | 2+0 | 2 | 4 |
| Course Program | Çarşamba 15:30-16:15 Çarşamba 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. İlhan YILMAZ |
| Name of Lecturer(s) | Prof.Dr. İlhan YILMAZ |
| Assistant(s) | Res. Asst. Merve İLDAN, Res. Asst. 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 ?,Basic Texts on International Investment Law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements,Basic 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 |
| Recognizes the main international and national texts in international investment law. | 10, 16, 9 | A |
| Compares the resolution methods of international investment disputes. | 10, 16, 9 | A |
| Explains the resolution authorities in international investment arbitration. | 10, 16, 9 | A |
| Have knowledge about the ICSID Convention. | 10, 16, 9 | A |
| Explains the operation of the ICSID arbitration procedure. | 10, 16, 9 | A |
| Evaluates the annulment of arbitral awards in accordance with the ICSID Convention. | 10, 16, 9 | A |
| Discusses the conditions for recognition and enforcement of arbitral awards within the framework of the ICSID Convention. | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
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 | Basic Texts on International Investment Law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements | Sources related to the subject should be read. |
| 4 | Basic 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 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 2 | 28 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 25 | 25 | |||
| General Exam | 1 | 55 | 55 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 108 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(108/30) | 4 | |||||
| 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 |
|---|---|---|---|---|---|
| INTERNATIONAL INVESTMENT LAW | HUK4215645 | Spring Semester | 2+0 | 2 | 4 |
| Course Program | Çarşamba 15:30-16:15 Çarşamba 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. İlhan YILMAZ |
| Name of Lecturer(s) | Prof.Dr. İlhan YILMAZ |
| Assistant(s) | Res. Asst. Merve İLDAN, Res. Asst. 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 ?,Basic Texts on International Investment Law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements,Basic 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 |
| Recognizes the main international and national texts in international investment law. | 10, 16, 9 | A |
| Compares the resolution methods of international investment disputes. | 10, 16, 9 | A |
| Explains the resolution authorities in international investment arbitration. | 10, 16, 9 | A |
| Have knowledge about the ICSID Convention. | 10, 16, 9 | A |
| Explains the operation of the ICSID arbitration procedure. | 10, 16, 9 | A |
| Evaluates the annulment of arbitral awards in accordance with the ICSID Convention. | 10, 16, 9 | A |
| Discusses the conditions for recognition and enforcement of arbitral awards within the framework of the ICSID Convention. | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
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 | Basic Texts on International Investment Law: 1-International Texts: Multilateral investment agreements-Bilateral investment agreements | Sources related to the subject should be read. |
| 4 | Basic 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 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |