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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 in Treaty Interpretation

Good Faith in Treaty Interpretation

Chapter:
(p.37) 3 Good Faith in Treaty Interpretation
Source:
Good Faith and International Economic Law
Author(s):

Eric De Brabandere

Isabelle Van Damme

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739791.003.0003

This chapter examines the origins of the principle of good faith as forming part of the law of treaties and the functions of that principle in interpreting treaties. In particular, the chapter addresses good faith’s (objective) function as a technical tool assisting interpreters and as a possible vehicle for relying on principles of interpretation that are not codified in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT), as well as its (subjective) function as a standard for assessing the behaviour of the interpreter, while also assessing the validity of that distinction between functions. In doing so, the chapter draws widely on the caselaw of international courts and tribunals, including but not limited to investment treaty and trade tribunals, as well as the historical materials recording the debates in the International Law Commission (and elsewhere) leading to the conclusion of the VCLT.

Keywords:   good faith, treaties, interpretation, trade, investment

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