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Investor State Dispute Settlement and the Rule of Law. A Practical Experience

Lehrveranstaltungstyp: Seminar
Dozent(en): Wiater Patricia, Klaus Sachs

Informationen und Hinweise

Most recently, TTIP has drawn public attention to the question of whether investor-state dispute settlement (ISDS) mechanisms contained in trade agreements are compatible with fundamental principles such as democracy, the rule of law and human rights. In particular, it is questioned if ISDS creates a so called “regulatory chill” forcing back social legislation and preventing environmental protection measures of states - due to the state’s fear of being sued for billions of dollars before SDS tribunals. The advantages of ISDS for the legal protection of private nvestors and for the receiving states which, by means of ISDS, aim at fostering the investment climate in their national economy have to be outweighed against possible negative effects. The seminar tackles these fundamental questions not only theoretically but also practically. The students participating in the seminar are invited to argue a “real case” before an arbitral tribunal chaired by the seminar’s organizers Prof. Dr. Klaus Sachs and Dr. Dr. Patricia Wiater. They may either take the position of the private investor, claimant before the tribunal, or of the defendant state. As Klaus Sachs, partner at the international law firm CMS, is one of Germany’s most distinguished experts for national and international arbitration, this practical experience allows gaining insights in the reality of ISDS. Moreover, the seminar gives an idea of what it means to participate in one of the international Moot Courts (Jessup Moot Court, Vis Moot Court). The seminar will take place on July 18 and 19, 2017 (block seminar) in the premises of CMS and will be held in English. The students have to render their written and their oral performance in English. Prior knowledge of ISDS is not a precondition for participating in the seminar. An introduction to the details of the seminar as well as well as the assignment of topics will be held on April 25, 2017 (16.00 - 17.30 in room 150 - Ludwigstr. 28 Rgb.).