Good Faith

An ICSID Convention Requirement?

Authors

  • Professor Bruno Zeller University of Western Australia
  • Richard Lightfoot

DOI:

https://doi.org/10.15209/vulj.v8i1.1139

Abstract

Investment disputes between investors and a state are settled by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The Convention however has not included a mandate that disputes must be settled by applying the principle of good faith. This paper suggests that good faith is till applicable as it is a universal principle and can be invoked via the Vienna Convention on the Law of Treaties.

Downloads

Published

31-12-2018

How to Cite

Zeller , B. and Lightfoot , R. (2018) “Good Faith: An ICSID Convention Requirement?”, Victoria University Law and Justice Journal. Melbourne, Australia, 8(1), pp. 19–32. doi: 10.15209/vulj.v8i1.1139.

Issue

Vol. 8 No. 1 (2018)

Section

Article

License

Authors who publish with this journal agree to the following terms:

  1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).