International Law — Investments, Trade and Arbitration

Contents
Autumn term (April-June 2017)
I. International Law and Globalisation
1. Central issues in contemporary international law:
a. The historic and economic approaches
b. Major challenges of international law in the twenty-first century
2. Introduction to contemporary international law:
a. Nature, structure, sources
b. Bases of jurisdiction in international law: territorial, extraterritorial, universal
3. The changing role of subjects of international law: issues relating to State sovereignty and the role of individuals and international organisations
4. The settlement of disputes in contemporary international law: new issues

II. New Issues and Prospects in the Field of Contemporary International Law:
International Economic Law, Protection of the Environment and the Individual
1. The emergence of international economic law
2. Environment and natural resources under international law
3. Rights and obligations of the individual under international law

III. International Trade and New Regulation: from the WTO to Free Trade Agreements
1. The evolving law governing international trade under the GATT/WTO: fundamental rules
2. Enhancing competition in international trade: anti-dumping, subsidies and other issues in the WTO
3. The settlement of trade disputes under the WTO: panels, appellate review and implementation of decisions

Autumn workshops
Workshop I: Introduction to German Law
Workshop II: State Responsibility under International Law

Winter term (July-September 2017)
I. International Trade and New Regulation: from the WTO to Free Trade Agreements (continuation)
1. SPS, TBT and TRIPS under the WTO: issues concerning substantive law and the settlement of disputes
2. The Chilean experience in the system of dispute settlement under the WTO
3. Trade in services: WTO, FTA, etc.
4. Government procurement
5. Regional economic integration as a mechanism for regulating international trade:
5.1. The EU/EC as an advanced model
5.2. The experience of economic integration in Latin America: a critical assessment (MERCOSUR, Andean Community, Central American Community, Caribbean Community)
6. The system of Free Trade Agreements:
6.1. The Association Agreement between Chile and the European Union: free trade and comprehensive cooperation, Dispute settlement system in the Agreement
6.2. Negotiation and implementation of the US Free Trade Agreements with Chile, CAFTA-DR and Peru
6.3. New issues relating to trade and the environment

II. Intellectual Property
1. Intellectual property: issues concerning international regulation
2. Intellectual property: an introduction to national legislation on industrial property rights
3. Copyright and related rights: the need to update (new technologies, regulations, FTA, collective management)

III. The Methodology of Research

Spring term (September-December 2017)
I. The Regime of International Investments
1. Diplomatic protection and its evolution in the light of international investments
2. The protection of international investments under international law, bilateral investment treaties, legislation and contracts: substantive treatment
3. The treatment of investments under Chilean legislation, the BIT's and the Chile-US Free Trade Agreement
4. Investments and trade

II. International Arbitration Systems in the Field of Investments
1. Direct and indirect expropriation: fair and equitable treatment and other standards of protection under ICSID and NAFTA
2. ICSID: revision and annulment of the award

III. International Commercial Arbitration
1. International commercial arbitration: new problems
2. Commercial arbitration under the Rules of the International Chamber of Commerce: an introduction
3. Other International Commercial Arbitration Rules: AAA, LCIA, UNCITRAL, Chilean Law of International Commercial Arbitration

Educational organisation

The programme is organised on a yearly basis. Three terms will be offered in Santiago de Chile, at the Heidelberg Center for Latin America. The curriculum includes a three-month period for preparation of the thesis. A final, one-month term (March 2018) will be offered in Heidelberg at the Max Planck Institute for Comparative Public Law and International Law and at Heidelberg University. During the latter, students will complete their theses and participate in two workshops:
Workshop V: The Individual and the State in contemporary Europe: issues in international and community law
Workshop VI: Managing international society under the rule of law: new challenges for international law

A minimum of nine courses will be offered in each term held in Santiago, while during the Heidelberg term there will be two workshops. All courses are compulsory.
The final exam (defence of thesis) for the Master's Degree in International Law will take place in Heidelberg. Defence of the thesis may be held in exceptional cases in Santiago de Chile.
Classes take place Tuesday to Thursday at 6.30 to 9.00 PM. Some classes will be held on Mondays at the same time.
The Master's Degree in International Law (LLM) will be awarded by the University of Heidelberg and the University of Chile.

Forms of assessment

The final exam (defence of thesis) for the Master's Degree in International Law will take place in Heidelberg. Defence of the thesis may be held in exceptional cases in Santiago de Chile.

Course objectives

The programme aims first and foremost to offer a comprehensive analysis of current and prospective trends in the field of international law in an era of globalisation, as well as in that of international trade and investments, and in the methods for arbitration and settlement of disputes in these areas.
The impact of globalisation on sources and subjects of international law will be examined. Recent developments in the fields of international economic law, protection of the environment and State responsibility, as well as the relevant issues which have confronted international society over the last few years will also be studied.
Emphasis will be placed on subjects relating to the regulation of international trade, particularly the law of international trade, investment law and the settlement of disputes. In this context, special attention will be devoted to subjects such as international arbitration, procedures before the World Trade Organisation and ICSID.

Language requirements

Applicants must provide proof of their English and Spanish skills.
English: TOEFL 78/80 (internet-based)
Spanish: DELE/PUC Spanish Exam Intermediate Level

Academic requirements

Applicants must meet the following requirements:

• a degree in juridical sciences granted by a Chilean or foreign university
• an outstanding record of achievement throughout their law studies
• a good command of both English and Spanish

Enrolment fees

Application fee: 100 EUR
Enrolment fee: 302 EUR

Costs of living

Approx. 600 EUR per month

Funding opportunities within the university

The programme will consider granting scholarships in special cases.
http://www.hcla.uni-hd.de

Accommodation

The Heidelberg Center has halls for its students. Alternatively, students can rent a private apartment or a room in a private home, or look for a shared apartment.