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Centre for agriculture, food and environmental management research.

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Dissertation School of Law University of Hertfordshire

2016, Postgraduate Dissertation

International Legal Framework should be revised, it should be based on country interest and society interest.

Related Papers

Julia Constanze Elser

This paper analyzes the international regime of investment protection. It examines how international investment treaties and the enforcement of the rights conferred on private investors impact the states’ ability to regulate in public interest towards a sustainable future. Using data collected by UNCTAD, this article depicts the foundations, dynamics and trends of the international investment regime. It explains the reasons for the replacement of customary international law by treaties and the enforcement mechanism. This shows the basic rationale of the system, which is the protection of private business interests, but not a balance between them and public interest. It also demonstrates a shift in role allocation: while formerly developed countries used investment treaties to safeguard their nationals’ outbound FDI, recently they conclude treaties among themselves. Facing exposure to investment arbitration, developed countries’ governments seek to protect public interests especially regarding the adoption and implementation of environmental policies. A scrutiny of model treaties of the 21st century shows that investment treaties generally contain the same protection standards, but states differ significantly in how they express them. The analysis reveals that some states are more cautious than others and do not bank on arbitrators to interpret investment treaties in a regulation-friendly manner. Instead, some states follow the recent trend to incorporate wording aimed at preserving regulatory space. The paper also deals with the criticism of investment arbitration. By reviewing arbitral jurisprudence, I come to the conclusion that tribunals adopt different approaches to reconcile regulatory and private interest but do consider states’ right to regulate by majority. I argue that in the end investment arbitrators are not the right ones to blame for restrictions on regulatory freedom. Instead, investment treaties have been invented for the purpose to restrict regulatory freedom. The experience that the reciprocity of investment agreements can backlash on developed states has changed policymakers approach to negotiating treaties. Governments, not arbitrators are the ones in charge of striking the balance between investment protection and public interest. They have the prerogative power of both negotiating and interpreting treaties. Governments should thus use this power for integrating some scope for the pursuit of sustainability concerns into the international investment regime. While withdrawing from the international system of investment protection would mean throwing the baby out with the bathwater, governments should take clear and specific treaty wording as to regulatory needs for sustainability as a precondition for the conclusion of new treaties. Additionally, they should make an effort to achieve broad international consensus on the interpretation of typical standards of protection.

Julien Chaisse

This Article studies the evolving international regime for investment, with a focus on Asia-Pacific experiences and with the aim to provide a macro analysis of the current treaty practices in this quickly developing region of the world. The regulation of international investment in Asia-Pacific region as a field of law has experienced major developments, particularly within the last decade. Currently, a large number of bilateral investment treaties and preferential trade agreements form the core of the Asian “noodle bowl” of investment treaties. The recent rise in multilateral agreements that have a wider regulatory scope are likely to both produce significant economic effects in Asia-Pacific economies and disseminate basic foreign investment protection principles to most Asia-Pacific countries.

ICSID Review

The 'noodle bowl effect' of international investment agreements (IIAs) is a serious challenge posed to the coherence and legitimacy of international investment law in the Asian region where there is the highest density of IIAs in the world. While trade disputes are state-to-state, an investment dispute involves investors who try to protect their investment using IIAs, such as the well-known case of Philip Morris, which launched proceedings against Australia via an Asian subsidiary using the Hong Kong-Australia investment treaty. Furthermore, each IIA can allow the importing of 'better' provisions from other IIAs using its most favoured nation (MFN) clause, which significantly complicates the interpretation of IIAs. There are three ways to mitigate the problem. First, the scope of MFNs should be carefully drafted to limit the 'mobility' of provisions, eg MFN treatment does not apply to investor-state dispute provisions or older IIAs. Second, while investors are mobile and tend to relocate their base to seek convenient IIA protection, there should be some discipline on such relocations. Just to fight against the policy in question, IIAs should not create an incentive for investment relocation. Third, the 'mobility of countries' should be enhanced by allowing them to join existing IIAs favourable to their investors and investments.

Journal of International Economic Law 18(1)

Julien Chaisse , Christian Bellak

There have been many successful attempts to analyse most of the rules and principles that make up the substance of the international law of foreign investment. There is, however, a lack of a general theory, or, at least, a tool which would allow us to analyse, compare, and make sense of this expanding patchwork of international rules on foreign investment. This article precisely aims at explaining how a combination of legal and economic perspectives can help to break new ground and allow both economists and lawyers to further grasp and analyse the complexity of the current regulatory framework. We created an index, called 'BITSel Index', which can help to link case studies to broader analysis and, conversely, more general theories with specific cases; this will help to conduct broader investigation among the large numbers of treaties and link general analysis to specific provisions or practices. Such an effort is not only an intellectual challenge but it also has practical and policy-oriented ramifications, especially in the light of the recurring debate on the effect of investment treaties on Foreign Direct Investment (FDI) flows.

Fabio C Morosini

This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order. Countries in the North and South are currently rethinking how economic order should be constituted in order to advance their national interests and preferred economic orientation. While some countries in the North seek to create alternative institutional spaces in order to promote neoliberal policies more effectively, some countries in the South are increasingly skeptical of this version of economic order and are experimenting with alternative versions of legal ordering that do not always sit well with mainstream versions promoted by the North. While we recognize that there are differences in approaches to the investment regimes proposed by countries in the South, we identify commonalities that could function as the founding pillars of an alternative economic order.

Forthcoming in Handbook of International Investment Law and Policy, edited by Julien Chaisse, Leïla Choukroune and Sufian Jusoh (to be published by Springer in late August 2019).

Dr Tanjina Sharmin

Application of the Most-Favoured-Nation (MFN) clauses by investor-state arbitral tribunals has given rise to various controversies. This Chapter discusses the experience of developing countries in this regard. While application of MFN to the substantive and procedural standards in International Investment Agreements (IIAs) has overly benefited investors from the developed countries, such application has not been favourable to the developing host-states. Accordingly, some developing countries have undertaken significant MFN reforms in their recent IIAs. This Chapter illustrates such reforms with reference to the specific reforms undertaken by Argentina, India and the Southern African Development Community. The Chapter argues that while restraining the scope of MFN clauses may help the developing countries to preserve greater regulatory power in their hands, complete omission of MFN from IIAs may be discouraging for the foreign investors. Therefore, the developing countries should aim to maintain a balance in reforming MFN in the future.

Silesh Tesgara

Polish Yearbook of International Law

Maciej Zenkiewicz

This article explores investment protection under Chinese international investment agreements (IIAs), particularly under the China-Poland bilateral investment treaty (BIT). As a state that both imports and exports foreign direct investment, China currently promotes balanced and safeguarded BITs that protect its increasing overseas investments and preserves the necessary space to regulate in the public interest. The Chinese government remains reluctant to be directly involved in investment arbitration as a respondent, while Chinese investors are active in taking advantage of the IIAs’ regime. When compared to China’s recent treaty practice and new developments in global investment governance, the China-Poland BIT is relatively outdated in terms of investment protection, promotion, social clauses, and dispute settlement. In terms of the investment protection effects of BITs, China is seemingly in a more urgent position to update the China-Poland BIT. However, if we evaluate the overall effects of a modernized BIT on investment promotion, regulation, and dispute settlement, an updated China-Poland BIT will fit the interests of both the Polish and Chinese governments. Notwithstanding the on-going negotiation between the EU and China, this article aims, along with presenting the Chinese practice regarding BITs, to describe de lege lata the state of protection offered to Chinese and Polish investors under the China-Poland BIT

Rathyrea Prak

Laura Puccio

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The RDP is designed to enhance the experience of our PGR students , and also support early career researchers , mid-career researchers , experienced researchers and supervisors in their continuous professional development.

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About TOPRA

Professional development, membership & communities, topra services, phd in regulatory affairs.

TOPRA has a joint agreement for PhD students with the University of Hertfordshire (UH) looking to pursue a doctorate in Regulatory Affairs.

Duration of study for completing the PhD

This should be completed in no longer than four years – three years for the research plus one year allowed for writing the thesis. However, the candidates would be able to submit their thesis and complete at the end of a three-year period.

Part-time already holding a MSc degree

This will take seven years - five years of research with an additional two years for writing the thesis. However, the candidates may be able to submit their thesis early if their supervisor agrees and the candidate's day-to-day work is related to their project.

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Students should in the first instance submit an application form and their CV to the TOPRA office.

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Masters by Research Creative Writing

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School of study	School of Creative Arts

Normally, we require applicants for MA by Research study to be in possession of a good honours degree (2:2 or above) in a relevant discipline. IELTS entry requirement is normally 7.0 in writing and 6.0 in all other bands or equivalent for overseas students. A personal statement, reference and writing sample is also required.

About the course

A University of Hertfordshire research degree is an internationally recognised degree signifying high levels of achievement in research. It develops extensive subject expertise and independent research skills which are honed over an extended period, depending on the level of the award.

You will produce an original piece of writing for the duration of the degree, with one-to-one supervision from a professional writer in your chosen genre. The supervisor will work with you to progress your creative project and provide formative feedback as you work towards the final submission.

The degree is assessed solely based on the final creative writing submission and the critical research thesis.

How to apply

To apply for a Masters by Research at the University of Hertfordshire you should have a specific developed area of focus. It is recommended that you have an established track record / experience in your desired area to support your application. You will need to submit a written research proposal, a writing sample and personal statement to the Doctoral College, but informal discussion before formal application is strongly encouraged.

Please contact Dr Laura Mee, Research Tutor  [email protected]  for further information or with any questions regarding application and admissions.

Download an application form

Applications should be returned to  [email protected]

Teaching methods

Research degrees are not taught programmes, but you are supported by a range of skills-based training. You will meet with your supervisory team regularly, who have both subject expertise and Masters by Research supervision experience to discuss your research and give you feedback on your writing.

The programme can be undertaken on a full or part time basis and we endeavour to provide a fully supportive research and learning environment with flexible supervision to enhance your experience and help you to make the most of your research learning time with us.

What’s next for my career?

With a Masters by Research in Creative Writing, you will:

• Have an internationally recognised research qualification.
• Develop subject expertise through postgraduate studies.
• Cultivate research skills via practical experience and extnesive research involvement.
• Be able to pursue opportunities where employers are looking for graduates with advanced skills, showcasing independent research capabilites.

Start Date	End Date	Year	Location	Link
01/10/2024	31/07/2025	1	UH Hatfield Campus
01/02/2025	31/07/2025	1	UH Hatfield Campus
01/10/2024	31/07/2025	1	UH Hatfield Campus
01/02/2025	31/07/2025	1	UH Hatfield Campus

Start Date	End Date	Year	Location	Link
01/10/2025	31/07/2026	1	UH Hatfield Campus
01/02/2026	31/07/2026	1	UH Hatfield Campus
01/10/2025	31/07/2026	1	UH Hatfield Campus
01/02/2026	31/07/2026	1	UH Hatfield Campus

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