Recently, we had commenced a lecture series introducing the subject of International Investment Law. We have completed the first fifteen lectures of the lecture series. The lecture series is aimed at covering the fundamentals of International Investment Law and making the subject more accessible through short lectures (approximately 8 to 10 minutes). The lecture series is divided into various chapters addressing specific topics and each chapter contains several lectures.
In this post, we will provide links to the first fifteen lectures with a brief overview of each video.
[Note: The first few videos have feeble audio. Readers may use headphones. For subsequent videos, laptop's inbuilt speaker will do.]
Chapter 1: Chapter 1 : History & Nature of International Investment Law
Lecture 1: Origins of International Investment Law before 1870 (click on the lecture name)
Historically, International Investment Law has evolved in three distinct phases in the modern history: Phase I is the period from 1870 to 1914; Phase II is the inter-war period, between 1918 to1945, and phase III is the post-war period, beginning from 1945. But, even before the first phase (1870), certain developments in international politics have had influence in the evolution of IIL. This lecture deals with those developments.
Lecture 2: More About Origins & A Bit about Phase I
In this lecture we delve into the evolution of IIL in the first phase that is, between 1870 and 1914. But before we go further, those watching may refer to two interesting papers on the origins before 1870, one by Kate Miles, the author of the book which we referred to in last lecture, and the other by Anne-Charlotte Martineau.
Lecture 3: Inter-War Period & Evolution Thereafter
In this lecture, we will see how International Investment Law evolved during the inter-war period, between 1914 and 1945,. We will also discuss its evolution during the post-II world war phase till 1964.
Lecture 4: The Era of Dichotomy
In the last lecture, we saw that there are four phases through which IIL evolved after the World War II. We saw that the first phase, known as the era of infancy spanned up to 1964. In this lecture, we look at the Era of Dichotomy from 1965 to 1987.
Lecture 5: The Eras of Proliferation and Reorientation
In this lecture, we discuss how International Investment Law evolved through the eras of proliferation (1990-2007) and reorientation (2008- till date).
Chapter 2: Investment Treaty/ Contract
Lecture 6: Nature of Foreign Investment
In the first five lectures we introduced the subject and provided a historical overview of how IIL evolved. In this lecture, we will have a look at the nature of foreign investment.
Lecture 7: What is Investment?
In this lecture, we will answer the fundamental question: what is investment?
Lecture 8: What is Investment? Part II
In the last video, we discussed the concept of “Investment” and analysed two different types of definition of investment, taking the India-UAE BIT and the Brazil- India BIT as examples. We also saw the general practices regarding the definition of investment. In this video, we’ll discuss the ICSID practice and the Salini test on the definition of investment.
Lecture 9: Who is an Investor?
In this video we will be dealing with another important threshold question: Who is an investor?
Lecture 10: Natural Persons as Investors
In the last lecture, we discussed certain general aspects relating to the question: “who is an investor?”. In this lecture, we will look at how the question is answered from the perspective of natural persons.
Lecture 11: Legal Persons as Investors
In this, video, we will discuss various tests to determine the nationality of juridical persons.
Lecture 12: Who is an Investor? Treaty Shopping
In this lecture we will deal with an important aspect relating to the question "who is an investor?": Treaty shopping.
Lecture 13: Shareholders as Investors
The general principles regarding investor and investment apply equally to shareholders. This lecture deals with the law relating to whether shareholders could initiate investment treaty claims.
Lecture 14: Elements of an Investment Treaty
In this lecture, we will see the core elements of an investment treaty. We will also use the India-UAE BIT, 2013 and the Brazil India BIT, 2020 to provide an idea of how these provisions look in practice.
Chapter 3: Fair and Equitable Treatment
Lecture 15: Fair & Equitable Treatment: An Introduction
In this lecture, we will discuss one of the most widely used substantial protections under international investment law, that is, Fair and Equitable Treatment, or FET.
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