Good Governance Obligations in International Economic Law: A Comparative Analysis of Trade and Investment

29 Pages Posted: 31 Dec 2015  

Andrew D. Mitchell

University of Melbourne - Melbourne Law School

Elizabeth Sheargold

University of Melbourne, Law School, Students

Tania S.L. Voon

University of Melbourne - Melbourne Law School

Multiple version iconThere are 2 versions of this paper

Date Written: December 31, 2015

Abstract

International trade and international investment agreements typically contain provisions requiring the parties to comply with good governance principles, such as procedural fairness and transparency. These provisions are increasingly the subject of disputes before international tribunals. The scope of these obligations is often unclear, as treaty provisions usually employ broad standards rather than specific rules. For example, the requirement to accord investors ‘fair and equitable treatment’ is common in international investment agreements, while WTO agreements demand the ‘reasonable and impartial administration of measures’. This paper compares approaches in international investment and trade law to three aspects of good governance: procedural fairness, transparency, and reasonable administration of measures. Despite textual differences, the standards adopted by these two regimes are remarkably similar. Consequently, decisions from these two branches of international economic law may provide states, tribunals, market participants and scholars with valuable insights into the conduct required by good governance obligations.

Keywords: trade law; investment law; good governance; international economic law; procedural fairness; transparency; international courts and tribunals; fair and equitable treatment; impartiality

Suggested Citation

Mitchell, Andrew D. and Sheargold, Elizabeth and Voon, Tania S.L., Good Governance Obligations in International Economic Law: A Comparative Analysis of Trade and Investment (December 31, 2015). European Society of International Law (ESIL) 2015 Annual Conference (Oslo). Available at SSRN: https://ssrn.com/abstract=2709628 or http://dx.doi.org/10.2139/ssrn.2709628

Andrew D. Mitchell (Contact Author)

University of Melbourne - Melbourne Law School ( email )

The University of Melbourne
Victoria, 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

Elizabeth Sheargold

University of Melbourne, Law School, Students ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

Tania Voon

University of Melbourne - Melbourne Law School ( email )

University of Melbourne
Victoria 3010
Australia

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