Good Faith in International Law

(2) UCL Journal of Law and Jurisprudence 2013, 40-63

Bonn Research Paper on Public International Law No. 2/2013

22 Pages Posted: 26 May 2013 Last revised: 29 Oct 2013

See all articles by Steven Reinhold

Steven Reinhold

University of Bonn, Institute of Public International Law

Date Written: May 24, 2013

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 negotiation of disputes are grounded to some extent in good faith. In treaty interpretation, good faith has various manifestations from the time prior to signature through to interpretation. These are outlined here.

The contention is 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.

Suggested Citation

Reinhold, Steven, Good Faith in International Law (May 24, 2013). (2) UCL Journal of Law and Jurisprudence 2013, 40-63, Bonn Research Paper on Public International Law No. 2/2013, Available at SSRN: https://ssrn.com/abstract=2269746 or http://dx.doi.org/10.2139/ssrn.2269746

Steven Reinhold (Contact Author)

University of Bonn, Institute of Public International Law ( email )

Regina-Pacis-Weg 3
Postfach 2220
Bonn, D-53012
Germany

HOME PAGE: http://www.jura.uni-bonn.de/index.php?id=6351

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