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Author : Andrew D. Mitchell
Publisher :
Page : 189 pages
File Size : 50,8 MB
Release : 2015
Category : Good faith (International law)
ISBN : 9780191802744
Author : Andrew D. Mitchell
Publisher :
Page : pages
File Size : 10,42 MB
Release : 2018
Category :
ISBN :
Good faith is a doctrine that is readily accepted in legal systems. Yet, its distinct meaning has always been elusive. Ideas such as justice and equity are omnipresent in the law. Good faith is counted among such ideas. Their function has been to provide a corrective approach in situations where the strict application of the law has unacceptable results. They are also used to support a decision-maker's conclusions on difficult issues where other solutions are equally possible. In these situations, good faith and similar ideas become rationalizations for the results arrived at. Defined or explained in this way, their existence in the law may be desirable. But put differently, these nebulous doctrines exist in the law to aid in finding subjective solutions to difficult issues, which may come to be justified through the use of such lofty notions. The latter conclusion immediately invites the criticism that the doctrine of good faith is capable of manipulation in order to justify a variety of inconsistent results. Critics argue that the subjectivity inherent in these concepts makes their use of doubtful significance. They have such a variable meaning that they could be used to support a variety of conclusions and befuddle the law in its search for certainty. Having in itself no power to lead to conclusions, the purpose of a concept such as good faith may be misguided: that of justifying conflicting solutions to difficult problems. This book demonstrates the range of scholarly views applicable to good faith in international investment law and the questions that remain to be answered.
Author : Andrew D. Mitchell
Publisher :
Page : 9 pages
File Size : 19,26 MB
Release : 2018
Category :
ISBN :
This volume weaves its way through a number of intersecting fields:chief among them public international law, international investment law, and international trade law. The focus of the analysis is on international investment law, and in particular the significance of the principle of good faith in identifying a protected investment or protected investor, the nationality of a given entity, the jurisdiction of an investment tribunal in resolving a given dispute, and compliance with the fair and equitable treatment standard. Yet the role of good faith in the context of international investment law can be fully understood only having regard to other legal issues, including:the sources of international law; the interpretation of treaties; the law of treaties, in terms of their creation, modification and termination; and the relation-ship between overlapping disputes in different national, regional and inter-national fora. Accordingly, the volume brings together authors with varied and complementary expertise to tackle good faith from these various angles.
Author : Andrew D. Mitchell
Publisher : Oxford University Press, USA
Page : 225 pages
File Size : 23,46 MB
Release : 2015
Category : Law
ISBN : 0198739796
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 Investment Partnership. 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 becoming increasingly 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 policy concerns 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.
Author : J. F. O'Connor
Publisher : Dartmouth Publishing Company
Page : 166 pages
File Size : 46,45 MB
Release : 1991
Category : Law
ISBN :
This text considers the origin and development of good faith in legal theory and its role as a fundamental principle in international law. It ranges from the origins of the concept and the first manifestations of the legal principle, to recent decisions of international courts and tribunals.
Author : Nadiia Kudriashova
Publisher : GRIN Verlag
Page : 52 pages
File Size : 23,27 MB
Release : 2019-03-26
Category : Law
ISBN : 366890765X
Diploma Thesis from the year 2016 in the subject Law - European and International Law, Intellectual Properties, grade: MA, Columbia International University, language: English, abstract: The second half of the 20th century was characterized by a worldwide trend in the development of foreign economic trade relations, and, as a consequence, the complication of the legal regulation of market relations in various international contracts: commercial, financial or cross-border provision of services. In the context of globalization, which covered all spheres of society's life, the content of international trade turnover is changing. Its modern distinctive features are the following: the expansion of trade items (apart from the traditional trade in goods, also trade in services, intellectual property, capital is increasingly taking place); the emergence of new types of contracts (factoring, franchising, etc.); strengthening the role of universal international treaties on trade, services, intellectual property; the emergence of new world markets for currency and capital; stepping up of the activities of international economic organizations; introduction of new information technologies into the trade. The indicator of growth in international trade turnover is also the growth in exports. The rapid growth of the modern world economy, the rapid development of economic and scientific and technical cooperation between different countries lead to the fact that “the world economy increasingly acquires the features of a single organism beyond which no state of the world can function properly”
Author : Emily Sipiorski
Publisher : Oxford University Press, USA
Page : 265 pages
File Size : 44,71 MB
Release : 2019
Category : Law
ISBN : 9780198826446
Good Faith in International Investment Arbitration offers a comprehensive study on both the theory and application of the principle of good faith in the international arbitration process. It is an essential book for both practitioners and academics.
Author : Robert Kolb
Publisher :
Page : pages
File Size : 31,81 MB
Release : 2017
Category : LAW
ISBN : 9781509914081
"There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold."--Bloomsbury Publishing.
Author : Pieter VerLoren van Themaat
Publisher : BRILL
Page : 432 pages
File Size : 28,21 MB
Release : 1981-08-31
Category : Law
ISBN : 9789024725403
Study on changing structure of international law and economic legislation - discusses definition, historical background, institutional framework, role of international organizations, comparative law and legal theory contributing to the debate on a new international economic order; includes a literature survey and the text of the Charter of Economic Rights and Duties of States (General Assembly Resolution No. 3281).
Author : Matthias Herdegen
Publisher : Oxford University Press
Page : 625 pages
File Size : 27,47 MB
Release : 2016
Category : Foreign trade regulation
ISBN : 0198790562
Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.