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Good Faith and International Economic Law (eBook)

Edited by: Andrew D. Mitchell, M. Sornarajah, Tania Voon

ISBN13: 9780191060366
Published: May 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £95.83
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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 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.

Subjects:
International Trade, eBooks
Contents:
1. Introduction
2. Good Faith as a General Principle of (International) Law
3. Good Faith in Treaty Interpretation
4. Good Faith in Parallel Trade and Investment Disputes
5. Good Faith Limitations on Protected Investments and Corporate Structuring
6. Good Faith, Corporate Nationality, and Denial of Benefits
7. Good Faith and Fair Equitable Treatment in International Investment Law
8. Conclusion

Series: International Economic Law Series

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Emissions Trading Schemes under International Economic Law ISBN 9780198828709
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The Trade Policy Review Mechanism: A Critical Analysis ISBN 9780198817611
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Small and Medium-Sized Enterprises in International Economic Law
Edited by: Thilo Rensmann
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Domestic Law in International Investment Arbitration ISBN 9780198785736
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Treaty Shopping in International Investment Law ISBN 9780198787112
Published December 2016
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£130.00
Good Faith and International Economic Law ISBN 9780198739791
Published May 2015
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Development at the WTO ISBN 9780199682270
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£48.49
The BRIC States and Outward Foreign Direct Investment ISBN 9780199652716
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The BRIC States and Outward Foreign Direct Investment (eBook) ISBN 9780191641671
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International Law in Financial Regulation and Monetary Affairs (eBook) ISBN 9780191645211
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International Law in Financial Regulation and Monetary Affairs ISBN 9780199668199
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Development at the WTO (eBook) ISBN 9780191627675
Published February 2012
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Development at the WTO ISBN 9780199600885
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International Harmonization of Economic Regulation ISBN 9780199604661
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Compensation and Restitution in Investor-State Arbitration: Principles and Practice ISBN 9780199601189
Published June 2011
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£140.00
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement ISBN 9780199572649
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Human Rights in International Investment Law and Arbitration ISBN 9780199578184
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Human Rights in International Investment Law and Arbitration ISBN 9780199578191
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Published August 2009
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Trade and the Environment: Fundamental Issues in International and WTO Law ISBN 9780199562787
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Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199552177
Published August 2008
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The Future of International Economic Law ISBN 9780199551132
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International Economic Law 2nd ed ISBN 9780199226931
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£207.50
International Economic Law 2nd ed (eBook) ISBN 9780191021459
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Emerging Principles of International Competition Law ISBN 9780199207527
Published January 2008
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Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199215201
Published July 2007
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£137.50
Regional Trade Agreements and the WTO Legal System ISBN 9780199207008
Published December 2006
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£42.49
The Structure of Regulatory Competition ISBN 9780199216512
Published September 2006
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£83.00
Regional Trade Agreements and the WTO Legal System ISBN 9780199206995
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£242.50
Human Rights and International Trade ISBN 9780199285839
Published November 2005
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The Constitutionalization of the World Trade Organization ISBN 9780199285846
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Standards of Review in WTO Dispute Resolution ISBN 9780199268924
Published June 2004
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£155.00
The Structure of Regulatory Competition ISBN 9780199267514
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Transatlantic Economic Disputes ISBN 9780199261734
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Transatlantic Economic Disputes ISBN 9780199261727
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