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Books > Law > International law > Public international law > International economic & trade law
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Good Faith and International Economic Law (Hardcover)
Loot Price: R4,208
Discovery Miles 42 080
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Good Faith and International Economic Law (Hardcover)
Series: International Economic Law Series
Expected to ship within 10 - 15 working days
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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.
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