| 学部・大学院区分 | | 開・博前 | | | 時間割コード | | 3061030 | | | 科目区分 | | 専門・プログラム
Program | | | 科目名 【日本語】 | | 多国籍企業と国際法 | | | 科目名 【英語】 | | Multinational Corporations and International Law | | | コースナンバリングコード | | | | | 担当教員 【日本語】 | | 石川 知子 ○ | | | 担当教員 【英語】 | | ISHIKAWA Tomoko ○ | | | 単位数 | | 2 | | | 開講期・開講時間帯 | | 秋 火曜日 ４時限
Fall Tue 4 | | | 授業形態 | |
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| 授業の目的 【日本語】 | | | | | 授業の目的 【英語】 | | Purpose and Description
This course deals with the legal issues arising from the operatoin of multinational enterprises (MNEs), with a particular focus on the legal framework concerning foreign direct investments (FDI). The WTO regime neither provides a comprehensive set of rules applicable to FDI (apart from the Agreement on Trade-Related Investment Measures which covers a limited scope of investment measures) nor includes multilateral rules on investment in the Doha Agenda. On the other hand, at bilateral and regional level, countries have routinely negotiated international investment agreements (IIAs), and by the end of the twentieth century the international regime of foreign investment had taken firm root. Since the conclusion of the first BIT in 1959 between Germany and Pakistan, IIAs have significantly increased both in number and importance. On the other hand, there is a relative paucity of international rules and principles that provide the obligations and responsibilities of MNEs. This results in the unbalance between the rights and obligations of MNEs in the international law sphere.
Against this background, this course starts with examining the global and regional trend concerning the flow of FDI, and it discusses positive and negative impact of inward FDI on the capital-importing states. The first half of this course demonstrates how MNEs are ‘protected’ in international law by examining IIAs. The examination focuses on selected substantive obligations for investment protection and investment arbitration as a means of procedural protection for foreign investment.
The latter half of this course examines how states regulate and encourage MNEs as a major source of inward FDI through unilateral domestic measures. It also examines special economic zones (SEZs) as a way to attract FDI by providing exceptions to these regulations.
This course concludes by pursuing the possibility of regulating MNEs’ activities in the international law sphere, by examining international instruments on Corporate Social Responsibility (CSRs).
Achievement Target
Students will be able to obtain a good understanding of international and domestic legal frameworks concerning protection and regulation of MNEs, as well as the skills to critically analyse the impacts of their activities and the potential role for them to play in the global legal order.
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| | | 到達目標 【日本語】 | | | | | 到達目標 【英語】 | | | | | 授業の内容や構成 | | Structure of the Course / Schedule授業の構成・計画
Impact of FDI on developing countries and the current trend of FDI
Structure of International Investment Agreements (IIAs) – Substantive and Procedural Protection of Foreign Investment and Japan’s Investment Treaty Practice
Substantive Obligations in IIAs (1): Concepts of ‘Investment’, National Treatment and Most-Favoured-Nation Treatment Obligations, Transfer of Capital
Substantive Obligations in IIAs (2): Fair and Equitable Standard of Treatment, Full Protection and Security, ‘Umbrella Clause’
Substantive Obligations in IIAs (3): Expropriation and Exceptions to Substantive Obligations – Balancing Competing Interests in IIAs
Investment Arbitration (1): Overview of Investment Arbitration – ICSID, UNCITRAL and Other Arbitration Rules and Conditions to Establish Jurisdiction
Investment Arbitration (2): Some Interpretative Issues of IIAs and Remedies in Investment Arbitration
Investment Arbitration (3): Enforcement of awards and sovereign immunity
Summary on IIAs: developing trends in international trade and investment law: perspectives on regional Free Trade Agreements/Economic Partnership Agreements
Domestic regulations on inward FDI (1): a case of Japan
Domestic regulations on inward FDI (2): SEZs
Corporate Social Responsibility in international law (1): overview
Corporate Social Responsibility in international law (2): force of ‘soft-law’
Corporate Social Responsibility in international law (3): counterclaims in investment arbitration and the role of CSR
Summary and evaluation
Students are also expected to prepare for and make presentations on given topics each session.
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| | | 履修条件・関連する科目 | | | There is no precondition to take this course. |
| | | 成績評価の方法と基準 | | Contribution to class including presentation: 40%, Final exam/report: 60%
Credit is given to C- or C (where applicable) or higher grade for each criterion. |
| | | 教科書・参考書 | | Text
P. Muchlinski, Multinational Enterprises and the Law (2nd edn., OUP, 2007)
R. Dolzer and C. Schreuer, Principles of International Investment Law (2nd edn., OUP, 2012)
Reference
Doreen McBarnet, Aurora Voiculescu and Tom Campbell, The New Corporate Accountability: Corporate Social Responsibility and the Law (CUP 2007) |
| | | 課外学習等（授業時間外学習の指示） | | | | | 注意事項 | | | | | 使用言語 | | | | | 授業開講形態等 | | | | | 遠隔授業（オンデマンド型）で行う場合の追加措置 | | | |
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