Contracts Between States and Investors(ÖHYL-335)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHYL-335 | Contracts Between States and Investors | 1 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Masters Degree |
| Course Instructor(s) | İLHAN YILMAZ iyilmaz@gsu.edu.tr (Email) |
| Assistant | |
| Objective | Analyzing the legal characteristics of the state contracts that are between investors and states and the legal regime applicable to these contracts |
| Content | Dispute settlement mechanisms between states and investors, in particular the ICSID mechanism, umbrella clauses, expropriation of the investment. |
| Course Learning Outcomes | The student will learn how a dispute arising out of a state contract is resolved. |
| Teaching and Learning Methods | Lectures and presentations. |
| References |
C Schreuer, ICSID Convention (CUP, 2009) C McLachlan / L Shore / M Weiniger, International Investment Arbitration (OUP, 2017) Z Douglas, International Law of Investment Claims (CUP, 2009) |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | State contracts in general |
| 2 | International dispute settlement mechanisms |
| 3 | International dispute settlement mechanisms |
| 4 | ICSID arbitration |
| 5 | Consent in ICSID arbitration |
| 6 | Personal jurisdiction in ICSID arbitration |
| 7 | Substantive jurisdiction in ICSID arbitration |
| 8 | Umbrella clauses |
| 9 | MFN clauses |
| 10 | Provisional measures in ICSID arbitration |
| 11 | Expropriation |
| 12 | Expropriation |
| 13 | Recognition and enforcement of ICSID awards |
| 14 | Recognition and enforcement of ICSID awards |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 1 | 40 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Toplam | 1 | 40 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing positive norms in private law and being able to define and explain the principals of methodology, | X | ||||
| 2 | Being able to determine, identify and restate legal problems, | X | ||||
| 3 | Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy, | X | ||||
| 4 | Being able to conduct academic researches on legal problems and to propose solutions, | X | ||||
| 5 | Assuming responsibility individually or collectively for resolving complicated legal problems, | X | ||||
| 6 | Being able to criticise positive norms of the law system, | X | ||||
| 7 | Being able to explain technical legal knowledge in private law in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner, | X | ||||
| 8 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals, | X | ||||
| 9 | Being able to conduct comparative academic researches between different law systems, | X | ||||
| 10 | Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 3 | 42 |
| Working Hours out of Class | 14 | 5 | 70 |
| Assignments | 1 | 20 | 20 |
| Presentation | 1 | 15 | 15 |
| Final Examinations (including preparation) | 1 | 20 | 20 |
| Total Workload | 167 | ||
| Total Workload / 25 | 6,68 | ||
| Credits ECTS | 7 | ||