Good faith is a doctrine that is readily accepted in legal systems. Yet, its distinct meaning has always been elusive. Ideas such as justice and equity are omnipresent in the law. Good faith is counted among such ideas. Their function has been to provide a corrective approach in situations where...

Chapters relating to regulatory coherence or cooperation are becoming significant features in new preferential trade agreements, including the Trans-Pacific Partnership (TPP). While the existing literature has considered in detail the potential for harmonisation of standards or institutional...

This volume weaves its way through a number of intersecting fields:chief among them public international law, international investment law, and international trade law. The focus of the analysis is on international investment law, and in particular the significance of the principle of good faith...

As the vision of the TPP as a living agreement recedes, it nevertheless offers a window into the negotiation of trade and investment agreements and the negotiated positions of the 12 TPP countries on a range of matters of crucial importance to the global economy today. Given the rise of...

This chapter examines the so-called 'rule of necessary implication' in treaty interpretation by considering international judicial decisions in three different contexts: implied powers as reflected in decisions of the International Court of Justice and the International Criminal Court; implied...

This short article addresses the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions in the context of the law of the World Trade Organization (WTO), taking account of interactions between the two organisations and potential disputes between WTO members in...

This article provides an overview of the recently concluded Trans-Pacific Partnership Agreement (TPP), a treaty the parties have described as comprehensive and ambitious, yet also representing a balance of competing interests. The article focuses on the TPP's chapters relating to investment,...

Several States have terminated international investment agreements ('IIAs') in recent years — some alarmed at unexpected outcomes in certain investor — State cases, and others simply updating their IIAs as they conclude wider economic partnership agreements. States' attempts to extinguish...

This chapter examines the prominent role that Australia has played in the multilateral trading system, with a specific focus on the WTO and Australia's preferential trade agreements (PTAs). Australia has been actively involved in the WTO, through GATT and WTO negotiations, WTO committee work,...