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Good Faith in International Law by J. F. O'Connor Pdf
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 in International Law by Robert Kolb Pdf
"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 : Andrew D. Mitchell,M. Sornarajah,Tania Voon Publisher : International Economic Law Page : 225 pages File Size : 40,9 Mb Release : 2015 Category : Law ISBN : 9780198739791
Good Faith and International Economic Law by Andrew D. Mitchell,M. Sornarajah,Tania Voon Pdf
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 by Robert Kolb Pdf
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 Investment Arbitration by Emily Sipiorski Pdf
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.
The role of good faith in international sales law by Nadiia Kudriashova Pdf
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 and International Economic Law by Andrew D. Mitchell Pdf
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 : Larry A. DiMatteo,Chen Lei Publisher : Cambridge University Press Page : 545 pages File Size : 53,8 Mb Release : 2017-10-26 Category : Law ISBN : 9781107176324
Good Faith in European Contract Law by Reinhard Zimmermann,Simon Whittaker Pdf
For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Author : Mahnoush H. Arsanjani Publisher : American Chemical Society Page : 498 pages File Size : 41,7 Mb Release : 2011-02-17 Category : Law ISBN : 9780199588916
The Law of Treaties Beyond the Vienna Convention by Mahnoush H. Arsanjani Pdf
This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Research Handbook on International Law and Peace by Cecilia M. Bailliet Pdf
Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.
A Digest of WTO Jurisprudence on Public International Law Concepts and Principles by Graham Cook Pdf
In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.
Handbook of International Investment Law and Policy by Julien Chaisse,Leïla Choukroune,Sufian Jusoh Pdf
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.
