Good Faith In International Law
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Good Faith In International Law
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Author : J. F. O'Connor
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1991
Good Faith In International Law written by J. F. O'Connor and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
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
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Author : Robert Kolb
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-13
Good Faith In International Law written by Robert Kolb and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.
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 And International Economic Law
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Author : Andrew D. Mitchell
language : en
Publisher: International Economic Law
Release Date : 2015
Good Faith And International Economic Law written by Andrew D. Mitchell and has been published by International Economic Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
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.
The Role Of Good Faith In International Sales Law
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Author : Nadiia Kudriashova
language : en
Publisher: GRIN Verlag
Release Date : 2019-03-26
The Role Of Good Faith In International Sales Law written by Nadiia Kudriashova and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.
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
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Author : Andrew D. Mitchell
language : en
Publisher:
Release Date : 2018
Good Faith And International Economic Law written by Andrew D. Mitchell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
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 International Arbitration
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Author : Elliott E. Geisinger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-01-22
Good Faith In International Arbitration written by Elliott E. Geisinger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-22 with Law categories.
Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation; using good faith as a negative defence against claims or as a positive basis for claims; good faith in the specific field of international investment arbitration; procedural aspects of the parties’ obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings; the duty of arbitrators and arbitral institutions to act in good faith; and the role of good faith in actions to set aside. As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration – and defined in the case law relevant to it – this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.
Good Faith In International Investment Arbitration
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Author : Emily Sipiorski
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Good Faith In International Investment Arbitration written by Emily Sipiorski and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
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 In The Jurisprudence Of The Wto
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Author : Marion Panizzon
language : en
Publisher:
Release Date : 2006
Good Faith In The Jurisprudence Of The Wto written by Marion Panizzon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Foreign trade regulation categories.
What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the pr.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Good Faith In Transnational Law
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Author : Frédéric Gilles Sourgens
language : en
Publisher: International and Comparative
Release Date : 2022
Good Faith In Transnational Law written by Frédéric Gilles Sourgens and has been published by International and Comparative this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
"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"--