Good Faith In Transnational Law

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Good Faith in Transnational Law

Author : Frédéric Gilles Sourgens
Publisher : International and Comparative
ISBN 13 : 9789004522374
Total Pages : 0 pages
Book Rating : 4.5/5 (223 download)

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Book Synopsis Good Faith in Transnational Law by : Frédéric Gilles Sourgens

Download or read book Good Faith in Transnational Law written by Frédéric Gilles Sourgens and published by International and Comparative. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "They say it unwise to embark upon too large of a project in a dissertation. In fact, one should not consider a doctoral thesis to be something like a life's work. And, whatever one does, one should choose a discrete topic and stay away from the lure of insoluble theoretical morasses. As I always was more obstinate than clever, I disregarded all advice and plunged into the work you are about to read. The question I am trying to address has been with me for more than twenty-five years. It is the question that convinced to study philosophy before attempting to learn the law. It is the question that - as a bilingual perennial immigrant working in a foreign language since age seventeen - has bedeviled me for my entire adult life: how can we engage with each other and take each other seriously in all of our difference when we lack any common denominator - linguistic, ethical, cultural, social, philosophical or legal? The possibility of such an endeavor has always been a matter of Faith, faith in our ability to see the human dignity in each other, faith that our shared humanity might overcome even the most impossible of obstacles, faith that what is good in each of us will help us bridge what is peculiar"--

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.

Good Faith and International Economic Law

Author : Andrew D. Mitchell
Publisher : International Economic Law
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 International Economic Law. 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 in International Law

Author : Robert Kolb
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914072
Total Pages : 280 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Good Faith in International Law by : Robert Kolb

Download or read book Good Faith in International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Good Faith in International Law

Author : Robert Kolb
Publisher :
ISBN 13 : 9781509914081
Total Pages : pages
Book Rating : 4.9/5 (14 download)

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Book Synopsis Good Faith in International Law by : Robert Kolb

Download or read book Good Faith in International Law written by Robert Kolb and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

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.

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.

Good Faith in Contract and Property Law

Author : A. D. M. Forte
Publisher : Hart Publishing
ISBN 13 : 1841130478
Total Pages : 241 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Good Faith in Contract and Property Law by : A. D. M. Forte

Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by Hart Publishing. This book was released on 1999 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a symposium held October 1998 at Aberdeen University.

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.

Interpretation and Gap Filling in International Commercial Contracts

Author : Ayşe Nihan Karadayı Yalım
Publisher :
ISBN 13 : 9781780688084
Total Pages : 0 pages
Book Rating : 4.6/5 (88 download)

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Book Synopsis Interpretation and Gap Filling in International Commercial Contracts by : Ayşe Nihan Karadayı Yalım

Download or read book Interpretation and Gap Filling in International Commercial Contracts written by Ayşe Nihan Karadayı Yalım and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.

Research Handbook on International Commercial Contracts

Author : Andrew Hutchison
Publisher : Edward Elgar Publishing
ISBN 13 : 178897106X
Total Pages : 368 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on International Commercial Contracts by : Andrew Hutchison

Download or read book Research Handbook on International Commercial Contracts written by Andrew Hutchison and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

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.

The role of good faith in international sales law

Author : Nadiia Kudriashova
Publisher : GRIN Verlag
ISBN 13 : 366890765X
Total Pages : 52 pages
Book Rating : 4.6/5 (689 download)

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Book Synopsis The role of good faith in international sales law by : Nadiia Kudriashova

Download or read book The role of good faith in international sales law written by Nadiia Kudriashova and published by GRIN Verlag. This book was released on 2019-03-26 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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”

Good Faith in English Law

Author : J. F. O'Connor
Publisher : Dartmouth Publishing Company
ISBN 13 : 9781855210172
Total Pages : 148 pages
Book Rating : 4.2/5 (11 download)

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

Download or read book Good Faith in English Law written by J. F. O'Connor and published by Dartmouth Publishing Company. This book was released on 1990 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transnational Commercial Law

Author : Roy Goode
Publisher : OUP Oxford
ISBN 13 : 0191632392
Total Pages : 1810 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Transnational Commercial Law by : Roy Goode

Download or read book Transnational Commercial Law written by Roy Goode and published by OUP Oxford. This book was released on 2012-03-29 with total page 1810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.

Transnational Law and Practice

Author : Donald Earl Childress III
Publisher : Aspen Publishing
ISBN 13 : 1543817521
Total Pages : 1056 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Transnational Law and Practice by : Donald Earl Childress III

Download or read book Transnational Law and Practice written by Donald Earl Childress III and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.

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.