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International Law (Spring 2014)

International Law Class 1: Introduction: What is International Law

International Law Class 1: Introduction: What is International Law? The goal of today's readings is to provide an introduction to the field of International Law, its history, and some of the key conceptual questions that we will return to over the course of the term. What is international law? Why do states make and obey international law? When and why do they disobey it? How is international law similar to and different from other forms of law? Why is the nation-state the central building block of international law, and what does the elusive concept of state sovereignty mean in today's world? Before you read the items in the playlist, read the introduction in Crawford pp. 1-19. Then, read the items in the playlist. The items in the playlist concern bilateral investment treaty arbitrations. A bilateral investment treaty is an agreement between two nations (for example, the UK and Argentina) that provides for certain protections for foreign investors (for example, UK companies that invest in Argentina and vice versa). Many of these treaties provide that aggrieved private investors can initiate arbitration proceedings against the government. These arbitrations can call into question the validity of a variety of government policies. As you read the items in the playlist about foreign investment disputes, consider the following questions: 1) If you were a lawyer working at the U.S. State Department, would you advise the government to include arbitration provisions in future investment treaties? Why or why not? What if you were a lawyer in the foreign ministry of a state like Argentina? 2) Are the investment treaties at issue in these cases "laws"? Why do you think some people say international law is not really "law"? 3) Do these investment treaty provisions pose a threat to "sovereignty"? To "democracy"? Why or why not?