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Combining rigorous philosophical analysis with a deep knowledge of law, this study of agreements illuminates legal doctrine by philosophical theory and vice versa. Against the prevailing philosophical view of agreements, the book argues that they are to be understood in terms not of promises but of offer and acceptance. Topics covered include the obligations associated with agreements; the practical reasoning that leads parties to make and perform agreements; the relation between agreement and intention; and the reasons the State has to intervene in agreements. There are also separate chapters devoted to doctrines of agreement in the laws of contract, competition and conspiracy.
Contracts --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Philosophy. --- Law and legislation --- Philosophy --- Law --- General and Others --- Contracts - England --- Contracts - Philosophy
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Contracts. --- Contracts --- Philosophy. --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Philosophy --- Law and legislation --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Contracts - Philosophy. --- DROIT ANGLO-SAXON --- BONNE FOI --- DROIT CIVIL --- DROIT DES CONTRATS --- CONVENTIONS --- INTERPRETATION
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"In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the tangible and sensitive problem of the renegotiation of state contracts, and the relationship between those contracts and the overarching international investment treaties. By bringing novel insights from economics, the author deconstructs and decodes the contract-treaty interaction by showing that it is not only treaties that have an impact on the underlying contracts, but also those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, the author shows instead that such contracts are first and foremost "economic animals" and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction"
Investments, Foreign (International law) --- International commercial arbitration. --- Contracts --- Philosophy. --- Investissements étrangers --- Arbitrage commercial international --- Contrats --- Droit international --- Philosophie. --- International commercial arbitration --- Philosophy --- Contracts - Philosophy --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- International investment law --- Investment law, International --- International law --- Law and legislation --- Relational contract theory --- Investissements étrangers
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