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 article argues that the use of principles in WTO dispute resolution is both necessary and desirable. However, Panels and the Appellate Body (WTO Tribunals) have often ignored principles or not clearly identified the legal basis for their use. This article establishes a framework for the use...

This article considers the role of proportionality in determining the level and type of remedies available to World Trade Organization Members for violations of legal obligations or for certain other undesirable or unfair conduct. As an aid to interpretation, proportionality confirms the purpose...

Australia became the first country to introduce standardised or plain packaging laws for tobacco products in 2011. However, they immediately came under direct and indirect challenge from the tobacco industry in various domestic and international fora, including at the World Trade Organization...

This case note examines the January 2013 arbitral award in Vannessa Ventures v Venzuela. Vannessa Ventures claim alleging expropriation of its investment in a mining joint venture project was rejected by the Tribunal, which found that Venezuela's actions were legitimate responses to breaches of...