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Good Faith and International Economic Law

Good Faith and International Economic Law

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198739791
  • 出版时间 May 2015
  • 规格: Hardback , 224 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • 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.

    Readership: Scholars and students of international economic law, and public international law; practitioners including arbitrators, government advisers, corporations, and NGO's

  • 1.: M Sornarajah: Introduction
    2.: Andreas R Ziegler and Jorun Baumgartner: Good Faith as a General Principle of (International) Law
    3.: Eric de Brabandere and Isabelle Van Damme: Good Faith in Treaty Interpretation
    4.: Tania Voon, Andrew D Mitchell, and James Munro: Good Faith in Parallel Trade and Investment Disputes
    5.: Stephan W Schill and Heather L Bray: Good Faith Limitations on Protected Investments and Corporate Structuring
    6.: M Sornarajah: Good Faith, Corporate Nationality, and Denial of Benefits
    7.: Martins Paparinskis: Good Faith and Fair Equitable Treatment in International Investment Law
    8.: Andrew D Mitchell and Tania Voon: Conclusion

  • Andrew D Mitchell is Professor at Melbourne Law School, Australian Research Council Future Fellow (2014-2018), Assistant Director Research at the Melbourne School of Government, Director of the Global Economic Law Network, and a member of both the Indicative List of Panelists to hear World Trade Organization disputes and the Energy Charter Roster of Panelists. In addition to his Melbourne teaching, Mitchell has taught law at Georgetown University, Bond University, Monash University, and the University of Western Ontario, and to Australian and overseas government officials for the Australian Attorney-General's Department and Department of Foreign Affairs and Trade, the International Development Law Organization, and the Canadian International Development Agency. Mitchell also consults for states, government departments, the private sector and international organizations.

    M Sornarajah LLB (Ceylon), LLM (Yale), LLM, PhD, LLD (London) is CJ Koh Professor at the Faculty of Law of the National University of Singapore. He was previously the Tunku Abdul Rahman Professor of International Law at the University of Malaya at Kuala Lumpur and Head of the Law School of the University of Tasmania, Australia. Hewas the Director of the UNCTAD/WTO Programme on Investment Treaties, Pretoria and New Delhi. He is a Fellow of the Australian Centre for International Commercial Arbitration and is on the Regional Panel of the Singapore International Arbitration Centre. He has been arbitrator or counsel in several leading investment arbitrations. He has published extensively in the areas of international commercial arbitration, public international law and international investment law. He is an Advocate of the Supreme Court of Ceylon, an Advocate and Solicitor of the High Court of Singapore, and a Solicitor of the High Court of England and Wales.

    Tania Voon is Professor at Melbourne Law School and was Associate Dean (Research) until mid-2014. She is a former Legal Officer of the WTO Appellate Body Secretariat and has previously practised law with Mallesons Stephen Jaques and the Australian Government Solicitor and taught law at Georgetown University, the University of Western Ontario, and several Australian universities. Tania undertook her Master of Laws at Harvard Law School and her PhD at the University of Cambridge. Tania is a member of the Roster of Panelists for the Energy Charter Treaty and of the Indicative List of Governmental and Non-Governmental Panelists for resolving WTO disputes.

     

    Contributors: 
    Jorun Baumgartner is a research and teaching assistant to the Chair of Public International Law and PhD candidate at the University of Lausanne.

    Heather Bray is a PhD researcher at the University of Amsterdam for the Lex Mercatoria Publica Project directed by Professor Stephan Schill. She is also an SJD candidate in the International Trade and Business Law Program at the University of Arizona. Ms. Bray completed an Articling Placement in Ontario, Canada with Dr. Todd Weiler in the area of international investment and commercial arbitration. She also was a Legal Research Associate with Juris Publishing developing Arbitrationlaw.com, an online legal database dedicated to international arbitration. Ms. Bray completed a thesis-based LLM in Business Law and Taxation at the University of Western Ontario. Ms. Bray is a Barrister and Solicitor of the Law Society of Upper Canada. She holds an LLB from the University of New Brunswick and a BA in Justice Studies from Royal Roads University. 

    Eric De Brabandere is Associate Professor of International Law at the Grotius Centre for International Legal Studies at Leiden University.

    James Munro is a PhD candidate at Melbourne Law School, The University of Melbourne.

    Martins Paparinskis is Lecturer in Law at the University College London. 

    Stephan W Schill is Professor of International and Economic Law and Governance at the University of Amsterdam and Principal Investigator of the European Research Council-funded project on 'Transnational Public-Private Arbitration as Global Regulatory Governance'. He is admitted to the bar in Germany and New York and is a Member of the ICSID List of Conciliators. He is also the Editor-in-Chief of theJournal of World Investment andTrade and has published numerous articles and several books on international investment law, including The Multilateralization of International Investment Law (Cambridge University Press 2009) and, as editor, International Investment Law and Comparative Public Law (Oxford University Press 2010) 

    Isabelle Van Damme works as a legal secretary (référendaire) in the chambers of Advocate General Sharpston at the Court of Justice of the European Union and is a Visiting Lecturer at the Université Catholique de Louvain. 

    Andreas R Ziegler is the Director of the LLM Program in International and European Economic and Commercial Law at the University of Lausanne.

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