1 Introducing Good Faith in International Investment Law
- Jurisdiction — Abuse of rights — Equity — Good faith — Standards of treatment — General principles of international law
This chapter discusses the relevance of the principle of good faith in international investment law, first by considering its modes of application. In particular, it shows how good faith is applied or disregarded by tribunals in treaties and agreements. It then explains the role of the principle of good faith in investment arbitration and how it operates in investment law, private international law and public international law. It also examines the relationship of good faith with several other doctrines such as equity, estoppel, abuse of rights and Clean Hands and describes two major applications of the principle of good faith: as a performance obligation and as an interpretative function. Finally, it provides an overview of the book’s methodology and organisation.