The Latin term bona fides, often also used in the inflected forms bonae fidei and bona fide, means good faith
Now, the principle of ‘Good Faith’ though has not been conclusively defined in any International Law document, but, attempts at finding its true content and meaning have been made by several notable International Legal scholars. One such definition being “the principle of good faith in international law is a fundamental principle from which the rule Pacta Sunt Servanda and other legal rules distinctively and directly related to honesty, fairness and reasonableness are derived, and the application of those rules is determined at any particular time by the compelling standards of honesty, fairness and reasonableness prevailing in the …show more content…
Good faith has been a consistent argument in the rulings of ICJ and other international tribunals. The ICJ on the matter concerning the admission of two new member states to the UN, expressly held that the principle of good faith limited the admissible exercise of discretion. Further in the North Sea Continental Shelf Case, the court (ICJ) based its judgment on the general precepts of justice and good faith. It recognized the principle of estoppel establishing an obligation of the parties to act in good faith. And in its South West Africa/Namibia (Advisory Opinions and Judgments) the ICJ on dealing with a burden of proof question, decided that, before assuming a breach of its obligations under the mandate regime, South Africa’s not acting in good faith when exercising its legislative and executive powers, had to be …show more content…
It governs the creation and performance of legal obligations and is the foundation of treaty law. It plays an important role in international economic relations. Its manifold expressions and concretizations, such as pacta sunt servanda, estoppel, acquiescence, equity and abuse of rights, remain highly significant in international adjudication.
And as has been analyzed through various case laws earlier in this essay, it can be said that nations now have to be more careful than ever before of what they say or how they perform their obligations under various treaty obligations as they can be held accountable for their acts under various international tribunals or courts. The principle of good faith stands firmly established in the light of various International court and tribunal judgments, and countries can no more act in disregard of this principle. Countries have to be reasonable and honest in their actions and are required to perform their obligations keeping in view the expectations of other states/countries from
Now, the principle of ‘Good Faith’ though has not been conclusively defined in any International Law document, but, attempts at finding its true content and meaning have been made by several notable International Legal scholars. One such definition being “the principle of good faith in international law is a fundamental principle from which the rule Pacta Sunt Servanda and other legal rules distinctively and directly related to honesty, fairness and reasonableness are derived, and the application of those rules is determined at any particular time by the compelling standards of honesty, fairness and reasonableness prevailing in the …show more content…
Good faith has been a consistent argument in the rulings of ICJ and other international tribunals. The ICJ on the matter concerning the admission of two new member states to the UN, expressly held that the principle of good faith limited the admissible exercise of discretion. Further in the North Sea Continental Shelf Case, the court (ICJ) based its judgment on the general precepts of justice and good faith. It recognized the principle of estoppel establishing an obligation of the parties to act in good faith. And in its South West Africa/Namibia (Advisory Opinions and Judgments) the ICJ on dealing with a burden of proof question, decided that, before assuming a breach of its obligations under the mandate regime, South Africa’s not acting in good faith when exercising its legislative and executive powers, had to be …show more content…
It governs the creation and performance of legal obligations and is the foundation of treaty law. It plays an important role in international economic relations. Its manifold expressions and concretizations, such as pacta sunt servanda, estoppel, acquiescence, equity and abuse of rights, remain highly significant in international adjudication.
And as has been analyzed through various case laws earlier in this essay, it can be said that nations now have to be more careful than ever before of what they say or how they perform their obligations under various treaty obligations as they can be held accountable for their acts under various international tribunals or courts. The principle of good faith stands firmly established in the light of various International court and tribunal judgments, and countries can no more act in disregard of this principle. Countries have to be reasonable and honest in their actions and are required to perform their obligations keeping in view the expectations of other states/countries from