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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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Good Faith as a General Principle of (International) Law

Good Faith as a General Principle of (International) Law

(p.9) 2 Good Faith as a General Principle of (International) Law
Good Faith and International Economic Law

Andreas R Ziegler

Jorun Baumgartner

Oxford University Press

The principle of good faith, both a general principle of law and a general principle of international law, plays an eminent role in international treaty relations in general and in international economic relations in particular. Its manifold expressions and concretizations, such as pacta sunt servanda, estoppel, acquiescence, equity and abuse of rights, remain highly significant in international adjudication. However, to determine the exact content of good faith and its manifestations can be a daunting task. This chapter will examine the use and interpretation of the principle of good faith and its manifestations by the International Court of Justice, the Appellate Body of the World Trade Organization, and investment arbitral tribunals and will show that these courts and tribunals have shown themselves overall very cautious to attach a possible lack of good faith only to specific good faith norms or expressions.

Keywords:   good faith, general principle, international law, treaties, estoppel, equity

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