Good Faith and International Economic Law

Hardcover | June 21, 2015

EditorAndrew D. Mitchell, M. Sornarajah, Tania Voon

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The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and InvestmentPartnership. The number of investor-state dispute settlement cases is growing dramatically each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becomingincreasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policyconcerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.

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The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and InvestmentPartnership. The number of investor-state dispute...

Andrew D Mitchell is Professor at Melbourne Law School, Australian Research Council Future Fellow (2014-2018), Assistant Director Research at the Melbourne School of Government, Director of the Global Economic Law Network, and a member of both the Indicative List of Panelists to hear World Trade Organization disputes and the Energy Cha...

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Format:HardcoverDimensions:224 pages, 9.21 × 6.14 × 0.01 inPublished:June 21, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198739796

ISBN - 13:9780198739791

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Table of Contents

1. M Sornarajah: Introduction2. Andreas R Ziegler and Jorun Baumgartner: Good Faith as a General Principle of (International) Law3. Eric de Brabandere and Isabelle Van Damme: Good Faith in Treaty Interpretation4. Tania Voon, Andrew D Mitchell, and James Munro: Good Faith in Parallel Trade and Investment Disputes5. Stephan W Schill and Heather L Bray: Good Faith Limitations on Protected Investments and Corporate Structuring6. M Sornarajah: Good Faith, Corporate Nationality, and Denial of Benefits7. Martins Paparinskis: Good Faith and Fair Equitable Treatment in International Investment Law8. Andrew D Mitchell and Tania Voon: Conclusion