Reinhold, S; (2013) Good Faith in International Law. UCL Journal of Law and Jurisprudence , 2 (1) pp. 40-63. 10.14324/111.2052-1871.002.

Preview

Text 2UCLJLJ40 - Good Faith.pdf Download (602kB) | Preview

Abstract

As a ‘general principle’, good faith forms part of the sources of international law. Still not widely examined in relation to rights and obligations, the aim here is to demonstrate the specific characteristics of the principle. In general, international law rules such as pacta sunt servanda, abuse of rights, estoppel and acquiescence and the negotiation of disputes are grounded, to some extent, in good faith. In treaty law, good faith has various manifestations from the time prior to signature through to interpretation. These are outlined here. The article argues that good faith acts to mediate the effects of States’ rights in international law, in order to achieve acceptable results when competing interests exist. Fundamentally, good faith is a limitation of State sovereignty, albeit one that is necessary, as it protects other States and their trust and reliance in international law.

Download activity - last month

Export as XMLCSVJSON

Download activity - last 12 months

Export as JSONCSVXML

Downloads by country - last 12 months

Export as JSONCSVXML

Archive Staff Only

View Item