Good Faith In International Law
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Author | : J. F. O'Connor |
Publisher | : Dartmouth Publishing Company |
Total Pages | : 166 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
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.
Author | : Emily Sipiorski |
Publisher | : Oxford University Press, USA |
Total Pages | : 265 |
Release | : 2019 |
Genre | : Law |
ISBN | : 9780198826446 |
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.
Author | : Andrew D. Mitchell |
Publisher | : Oxford University Press, USA |
Total Pages | : 225 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198739796 |
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.
Author | : Richard K. Gardiner |
Publisher | : Oxford University Press, USA |
Total Pages | : 577 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199669236 |
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.
Author | : Tarcisio Gazzini |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 363 |
Release | : 2012-08-22 |
Genre | : Law |
ISBN | : 9004214534 |
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.
Author | : Reinhard Zimmermann |
Publisher | : Cambridge University Press |
Total Pages | : 762 |
Release | : 2000-06-08 |
Genre | : Law |
ISBN | : 9780521771900 |
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 | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author | : Mark Eugen Villiger |
Publisher | : BRILL |
Total Pages | : 1093 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004168044 |
The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.
Author | : Lingliang Zeng |
Publisher | : Springer Nature |
Total Pages | : 664 |
Release | : 2020-10-30 |
Genre | : Law |
ISBN | : 9811586578 |
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.
Author | : Christina Voigt |
Publisher | : Cambridge University Press |
Total Pages | : 505 |
Release | : 2019-04-18 |
Genre | : Law |
ISBN | : 1108497179 |
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.