Abstract

https://ssrn.com/abstract=2709628
 


 



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


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

December 31, 2015

European Society of International Law (ESIL) 2015 Annual Conference (Oslo)

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.

Number of Pages in PDF File: 29

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


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Date posted: December 31, 2015  

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

Contact Information

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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