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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 October 2021

Good Faith and Fair and Equitable Treatment in International Investment Law

Good Faith and Fair and Equitable Treatment in International Investment Law

(p.143) 7 Good Faith and Fair and Equitable Treatment in International Investment Law
Good Faith and International Economic Law

Martins Paparinskis

Oxford University Press

Fair and equitable treatment is one of the most important rules of international investment law, yet the vagueness of its textual expression causes considerable problems in interpretation and application. In the absence of clear textual guidance, tribunals and legal writers have sometimes turned to more general concepts such as good faith and abuse of rights. Good faith might certainly be relevant in informing established aspects of fair and equitable treatment such as the more extreme cases of arbitrariness. At the same time, it would be misleading to equate fair and equitable treatment with an obligation to treat investors in good faith. Good faith is part of the interpretative process of fair and equitable treatment; it may inform the structure of certain elements of fair and equitable treatment, particularly in the early stages of development; still, there is no special normative relationship between fair and equitable treatment and good faith.

Keywords:   good faith, fair and equitable, investment, arbitrariness, interpretation

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