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Good Faith and International Economic Law$
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Andrew D. Mitchell, M Sornarajah, and Tania Voon

Print publication date: 2015

Print ISBN-13: 9780198739791

Published to Oxford Scholarship Online: June 2015

DOI: 10.1093/acprof:oso/9780198739791.001.0001

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(p.1) 1 Introduction
Good Faith and International Economic Law

M Sornarajah

Oxford University Press

Good faith is a pervasive principle of public international law, influencing the interpretation of treaties, the substantive obligations of parties, and the conduct of disputes. Its role in international investment law has received increased attention in recent years, in relation to both investor and state conduct, and it has played an important role in trade disputes, particularly under the law of the WTO. The book’s opening chapters examine the general functions of good faith in public international law and treaty interpretation, setting the scene for later chapters that consider specific applications of the principle in relation to international investment and trade law. Each contribution evaluates the use of good faith by relevant dispute settlement tribunals, taking a contextual and (where appropriate) comparative approach, revealing the centrality and versatility of this principle in international economic law. This introductory chapter foreshadows some of the themes and conclusions developed in later chapters.

Keywords:   good faith, trade, investment, international law, dispute settlement

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