GOOD FAITH AND INTERNATIONAL ECONOMIC LAW.
- Gives a comprehensive expert analysis of good faith, and its interplay with international trade and investment
- Provides global insights into complex substantive fields of law with contributors from around the world
- Examines the parameters of good faith in making submissions or providing amicus curiae briefs in trade or investment disputes and in lobbying governments
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 rapidly accumulating 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.
Good Faith as a General Principle of (International) Law
Andreas R Ziegler / Jorun Baumgartner
Good Faith in Treaty Interpretation
Eric de Brabandere / Isabelle Van Damme
Good Faith in Parallel Trade and Investment Disputes
Tania Voon / Andrew D Mitchell / and James Munro
Good Faith Limitations on Protected Investments and Corporate Structuring
Stephan W Schill / Heather L Bray
Good Faith, Corporate Nationality, and Denial of Benefits
Good Faith and Fair Equitable Treatment in International Investment Law
Andrew D Mitchell / Tania Voon