授業の目的 【日本語】
Goals of the Course(JPN) | | |
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授業の目的 【英語】
Goals of the Course | | 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). |
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到達目標 【日本語】
Objectives of the Course(JPN) | | |
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到達目標 【英語】
Objectives of the Course | | 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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授業の内容や構成
Course Content / Plan | | Structure of the Course / Schedule授業の構成・計画
1. Impact of FDI on developing countries and the current trend of FDI
2. Structure of International Investment Agreements (IIAs) – Substantive and Procedural Protection of Foreign Investment and Japan’s Investment Treaty Practice
3. Substantive Obligations in IIAs (1): Concepts of ‘Investment’, National Treatment and Most-Favoured-Nation Treatment Obligations, Transfer of Capital
4. Substantive Obligations in IIAs (2): Fair and Equitable Standard of Treatment, Full Protection and Security, ‘Umbrella Clause’
5. Substantive Obligations in IIAs (3): Expropriation and Exceptions to Substantive Obligations – Balancing Competing Interests in IIAs
6. Investment Arbitration (1): Overview of Investment Arbitration – ICSID, UNCITRAL and Other Arbitration Rules and Conditions to Establish Jurisdiction
7. Investment Arbitration (2): Some Interpretative Issues of IIAs and Remedies in Investment Arbitration
8. Investment Arbitration (3): Enforcement of awards and sovereign immunity
9. Summary on IIAs: developing trends in international trade and investment law: perspectives on regional Free Trade Agreements/Economic Partnership Agreements
10. Domestic regulations on inward FDI (1): a case of Japan
11. Domestic regulations on inward FDI (2): SEZs
12. Corporate Social Responsibility in international law (1): overview
13. Corporate Social Responsibility in international law (2): force of ‘soft-law’
14. Corporate Social Responsibility in international law (3): counterclaims in investment arbitration and the role of CSR
15. Summary and evaluation |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | | There is no precondition to take this course. |
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成績評価の方法と基準
Course Evaluation Method and Criteria | | 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. |
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教科書・参考書
Textbook/Reference Book | | 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) |
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課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | Students are also expected to prepare for and make presentations on given topics each session. |
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注意事項
Notice for Students | | |
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使用言語
Language(s) for Instruction & Discussion | | |
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授業開講形態等
Lecture format, etc. | | 原則として対面で行う。例外的に、遠隔授業（同時双方向）を行う。
遠隔授業は Teams、Zoom等で⾏う。
※履修登録後に授業形態等に変更がある場合には、NUCＴの授業サイトで案内します。
In principle, lecture and seminar course subjects are offered in-person.
Online participation in classes (interactive communication classes via Teams, Zoom, etc.) may be permitted by the instructor under exceptional circumstances.
*Guidance will be posted on NUCT if there are any changes in the class format, etc. after registration. |
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遠隔授業（オンデマンド型）で行う場合の追加措置
Additional measures for remote class (on-demand class) | | |
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