Crampin, Joseph; (2023) Good Faith in International Dispute Settlement. Doctoral thesis (Ph.D), UCL (University College London).

Text PhD Thesis (UCL), Joseph Crampin, Good Faith in International Dispute Settlement.pdf - Submitted Version Access restricted to UCL open access staff until 1 February 2026. Download (1MB)

Abstract

The thesis examines and analyses the role of good faith in international dispute settlement, specifically in the judicial settlement of disputes by international courts and tribunals. It provides an account of the character and content of the principle of good faith and its relation to the judicial settlement of disputes. Good faith is widely cited by parties to international litigation, but its use remains poorly understood. This is in part because the value at stake is often not clearly defined and because its legal effect as a principle of international law is complex and abstract. It is, moreover, a principle that governs the process of international dispute settlement itself—it not only governs the parties’ general relations under international law, it governs the parties in the settlement of their dispute and the court or tribunal’s conduct in settling the dispute. The thesis unpicks these different aspects of good faith. It argues that good faith, although an abstract concept, operates to protect trust by representing the legal instantiation of the particular value of trustworthiness. As a basic principle of international law, it operates through various other principles, rules, and doctrines, which it organises around the value of trustworthiness. Good faith, it is argued, exists in a dynamic relationship with these doctrines: the doctrines form more specific concretisations of the abstract principle, but their application continues to be guided by good faith, through a process of legal argumentation that is primarily driven by judicial reasoning. As analysed in the thesis, the object of this good faith reasoning is to ensure trust and trustworthiness (1) between the parties, (2) in the court, and (3) in the institution of international dispute settlement.

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