Good Faith And International Economic Law

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Good Faith and International Economic Law

Author : Andrew D. Mitchell
Publisher : Oxford University Press, USA
ISBN 13 : 0198739796
Total Pages : 225 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Good Faith and International Economic Law by : Andrew D. Mitchell

Download or read book Good Faith and International Economic Law written by Andrew D. Mitchell and published by Oxford University Press, USA. This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Good Faith and International Economic Law

Author : Andrew D. Mitchell
Publisher :
ISBN 13 : 9780191802744
Total Pages : 189 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Good Faith and International Economic Law by : Andrew D. Mitchell

Download or read book Good Faith and International Economic Law written by Andrew D. Mitchell and published by . This book was released on 2015 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Good Faith in International Investment Arbitration

Author : Emily Sipiorski
Publisher : Oxford University Press, USA
ISBN 13 : 9780198826446
Total Pages : 265 pages
Book Rating : 4.8/5 (264 download)

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Book Synopsis Good Faith in International Investment Arbitration by : Emily Sipiorski

Download or read book Good Faith in International Investment Arbitration written by Emily Sipiorski and published by Oxford University Press, USA. This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Handbook of International Investment Law and Policy

Author : Julien Chaisse
Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

Good Faith and International Economic Law

Author : Andrew D. Mitchell
Publisher : OUP Oxford
ISBN 13 : 0191060364
Total Pages : 327 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Good Faith and International Economic Law by : Andrew D. Mitchell

Download or read book Good Faith and International Economic Law written by Andrew D. Mitchell and published by OUP Oxford. This book was released on 2015-05-21 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Treaty Interpretation

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Treaty Interpretation by : Richard K. Gardiner

Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Good Faith and International Economic Law

Author : Andrew D. Mitchell
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Good Faith and International Economic Law by : Andrew D. Mitchell

Download or read book Good Faith and International Economic Law written by Andrew D. Mitchell and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Treaty Shopping in International Investment Law

Author : Jorun Baumgartner
Publisher : Oxford University Press
ISBN 13 : 0198787111
Total Pages : 401 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Treaty Shopping in International Investment Law by : Jorun Baumgartner

Download or read book Treaty Shopping in International Investment Law written by Jorun Baumgartner and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how arbitral tribunals have dealt with the value judgment at the core of the distinction between 'objectionable' and 'unobjectionable' treaty shopping, this book suggests how States could reform their international investment agreements in order to make them less susceptible to the practice of treaty shopping.

Good Faith in International Law

Author : J. F. O'Connor
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Good Faith in International Law by : J. F. O'Connor

Download or read book Good Faith in International Law written by J. F. O'Connor and published by Dartmouth Publishing Company. This book was released on 1991 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Principles of International Economic Law

Author : Matthias Herdegen
Publisher : Oxford University Press, USA
ISBN 13 : 0199579865
Total Pages : 534 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Principles of International Economic Law by : Matthias Herdegen

Download or read book Principles of International Economic Law written by Matthias Herdegen and published by Oxford University Press, USA. This book was released on 2013-01-10 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive insight into the legal framework of international economic relations, comprising the law of the World Trade Organization, investment law, and international monetary law, this book highlights the context of human rights, good governance, environmental protection, development, and the role of the G20 and multinationals.

Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective

Author : Peng Guo
Publisher : Springer Nature
ISBN 13 : 9811655138
Total Pages : 198 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by : Peng Guo

Download or read book Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

International Investment Law

Author : Tarcisio Gazzini
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214534
Total Pages : 363 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Investment Law by : Tarcisio Gazzini

Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

Modern Global Economic System: Evolutional Development vs. Revolutionary Leap

Author : Elena G. Popkova
Publisher : Springer Nature
ISBN 13 : 3030694151
Total Pages : 2287 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Modern Global Economic System: Evolutional Development vs. Revolutionary Leap by : Elena G. Popkova

Download or read book Modern Global Economic System: Evolutional Development vs. Revolutionary Leap written by Elena G. Popkova and published by Springer Nature. This book was released on 2021-03-16 with total page 2287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceedings book reflects the alternative way of development of the modern global economic system. It sets evolutionary development in opposition to revolutionary leap. The search for the best way to develop the world economy in the present and future is carried out. The social environment and the human-centered development of the modern global economic system have been explored. The features of training of personnel for the modern global economic system through the development of vocational education and training have been studied. Sustainable development, energy and food security have been identified as significant milestones of the progress of the modern global economic system. Innovations and digital technologies have been suggested as the drivers of growth and development of the modern global economic system. Consideration has been given to the institutional framework and legal groundwork for the development of the modern global economic system. The fundamentals have been identified and recommendations have been put forward for improving governmental regulation, financial and capital investment support for integration in the modern global economic system. The book includes the best works based on the results of the 22nd International Research-to-Practice Conference “Current Issues of the Global Economy” which was held on June 19, 2020, at the Peoples’ Friendship University of Russia (PFUR) (Moscow, Russia) and the 14th National Research-to-Practice Conference “A New Paradigm of Social and Economic Development in the Age of Intelligent Machines,” which was held on May 14–16, 2020 (Nizhny Novgorod, Russia), VIII International Research-to-Practice Conference “Multipolar Globalization and Russia,” which was held on May 21–23, 2020 (Rostov-on-Don, Russia), III All-Russian Research-to-Practice Conference “Power, Business, and Education: The Ascent to Man,” which was held on May 21–22, 2020 (Krasnoyarsk, Russia), International Research-to-Practice Conference “Current Issues and Ways of Industrial Development: Engineering and Technologies,” which was held from September 28, 2020, till October 1, 2020 (Komsomolsk-on-Amur), and the 15th National Research-to-Practice Conference “New Models of Behavior of Market Players in the Conditions of Digital Economy,” which was held on October 29–30, 2020, at Ufa State Oil Technical University, Institute of Economics and Service (Ufa, Russia). The target audience of the book consists of scholars studying the features of development of the global economic system at the present stage and the prospects for its future progress.

International Judicial Practice on the Environment

Author : Christina Voigt
Publisher : Cambridge University Press
ISBN 13 : 1108497179
Total Pages : 505 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Judicial Practice on the Environment by : Christina Voigt

Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Chinese Contract Law

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Chinese Contract Law by : Larry A. DiMatteo

Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Elgar Encyclopedia of International Economic Law

Author : Krista Nadakavukaren Schefer
Publisher :
ISBN 13 : 9781800882317
Total Pages : 0 pages
Book Rating : 4.8/5 (823 download)

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Book Synopsis Elgar Encyclopedia of International Economic Law by : Krista Nadakavukaren Schefer

Download or read book Elgar Encyclopedia of International Economic Law written by Krista Nadakavukaren Schefer and published by . This book was released on 2025-08-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and expanded Encyclopedia is the new benchmark and flagship reference work for the study of international economic law. A comprehensive resource, its pages present the breadth of the field in a real-world context. Organized thematically rather than alphabetically, the Encyclopedia includes four significant thematic sections: the foundations, architecture and principles of international economic law; regulatory framework; regulatory areas; and regulatory challenges. Including updated and new entries, traditional international economic law topics are now supplemented by coverage of critical perspectives and a broader range of newly developing areas such as taxation, sustainability, and digitalization. Concepts and rules of trade, investment, finance, competition, and international tax law are found alongside entries examining how international economic law impacts on environmental protection, labor standards, development, and human rights. Embedded within its own legal context, each concise entry presents an accessible and condensed understanding of what it means and why it is significant. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Entries are followed by selected references suggesting directions for further study. Completely new to this edition is an entire section of extended entries on specific jurisdictions focusing on how these contribute to and engage with international economic law. These longer pieces describe the national legal frameworks responsible for developing international policies on trade investment, financial regulation, and tax, offering insight into how international rules actually work at the national level. Key Features: Concise, structured entries from top experts and new voices in the field Organised thematically, covering newly developing areas of international economic law Selected references for further study

Contemporary International Law and China’s Peaceful Development

Author : Lingliang Zeng
Publisher : Springer Nature
ISBN 13 : 9811586578
Total Pages : 664 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Contemporary International Law and China’s Peaceful Development by : Lingliang Zeng

Download or read book Contemporary International Law and China’s Peaceful Development written by Lingliang Zeng and published by Springer Nature. This book was released on 2020-10-30 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.