Good Faith as a General Principle of (International) Law

2015 ◽  
pp. 9-36 ◽  
Author(s):  
Andreas R Ziegler ◽  
Jorun Baumgartner
Keyword(s):  
International Law ◽  
General Principle ◽  
Good Faith

scholarly journals PROTECTION AND PRESERVATION SEA ENVIRONMENT IN INTERNATIONAL LAW PERSPECTIVE

2020 ◽  
Vol 6 (1) ◽  
pp. 185
Author(s):  
Agoes Djatmiko ◽  
Elisabeth Pudyastiwi
Keyword(s):  
International Law ◽  
Marine Environment ◽  
General Principle ◽  
Good Faith ◽  
International Maritime Organization ◽  
Customary Law ◽  
International Treaties ◽  
Territorial Jurisdiction ◽  
Good Neighbor ◽  
High Seas

Protection of the marine environment within the framework of international law is actually an accumulation of The Principle of National Sovereignity and The Freedom of High Sea. The International Maritime Organization (IMO) states that "a right on the part of an astat threatened with the environmental injury from sources beyond its territorial jurisdiction, at least where those sources are located on the high seas, to take reasonable action to prevent or abate that injury ". The general principle of good neighbor liness can be found in international customary law as well as in Article 74 of the UN Charter. This principle is reflected in several international treaties and is supported by the country's main practices in dangerous and emergency activities. Cooperation is contained in the 24th Principle of the Stockholm Declaration and the 27th Principle of the Rio Declaration which states that countries must cooperate in the principles of good faith and the spirit of partnership as efforts to protect the environment. Keywords: protection of the marine environment, principles of good faith, International Maritime Organization (IMO)

Piercing the Corporate Veil: The Responsibility of Member states of an International Organization

2011 ◽  
Vol 8 (2) ◽  
pp. 291-347 ◽  
Author(s):  
Odette Murray
Keyword(s):  
Decision Making ◽  
Member State ◽  
International Law ◽  
International Organizations ◽  
Good Faith ◽  
International Organization ◽  
Member States ◽  
Draft Article ◽  
Legal Limit ◽  
Primary Rule

AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.

scholarly journals Good Faith in International Law by J.F. O'Connor

1992 ◽  
Vol 30 (4) ◽  
pp. 1377
Author(s):  
Leslie Green
Keyword(s):  
International Law ◽  
Good Faith

Part III Conceptual Pillars, Ch.22 Good Faith

2021 ◽  
Author(s):  
Shibata Akiho
Keyword(s):  
International Law ◽  
Good Faith ◽  
Environmental Agreements ◽  
Environmental Cooperation ◽  
Multilateral Environmental Agreements ◽  
International Court Of Justice ◽  
International Court ◽  
State Practice ◽  
Environmental Treaty ◽  
Legal Security

This chapter studies the principle of good faith, which has been declared by the International Court of Justice (ICJ) as ‘a well-established principle of international law’. Through judicial pronouncements and state practice, it has come to acquire concrete legal content. The principle of good faith is closely linked to the concept of legal security; it provides certainty and foreseeability in society, and as such is fundamental and necessary to any legal system. The chapter examines the role that the principle of good faith could play, first, in general international law relating to the environment, focusing on three broad areas of environmental treaty performance, environmental cooperation, and due diligence. It then considers the more concrete role that the principle of good faith could play within multilateral environmental agreements (MEAs) as special legal regimes. Finally, the chapter analyses two concrete contexts within which the principle of good faith could be engaged to perform specific normative functions in the operation of MEAs, namely in non-compliance and ‘pledge and review’ mechanisms.

Invocation of National Security Exceptions under GATT Article XXI: Jurisdiction to Review and Standard of Review

2019 ◽  
Vol 18 (3) ◽  
pp. 695-712
Author(s):  
Chao Wang
Keyword(s):  
National Security ◽  
International Law ◽  
Dispute Settlement ◽  
Good Faith ◽  
The Self ◽  
Detailed Interpretation ◽  
Definition Of ◽  
In Transit ◽  
Gatt 1994

Abstract The invocation of national security exceptions under Article XXI of the General Agreement on Tariffs and Trade (GATT) 1994 has long been viewed as “self-judging”. In the landmark case of Russia—Measures Concerning Traffic in Transit, the panel of the WTO’s dispute settlement body (DSB) addressed two important but previously considered ambiguous issues. First, the Panel confirmed its jurisdiction to review its members’ invocation of Article XXI of GATT 1994. Second, offering a detailed interpretation of Article XXI, especially paragraph (b) and its subparagraph (iii), the panel distinguished the objective requirements from the self-judging features, and held that it has the jurisdiction to determine whether the objective requirements of Article XXI have been satisfied when a member invokes the national security exception, and the member’s discretion is also expected to be limited by its good faith obligation, which, as an established principle of international law, shall apply to both the member’s definition of the essential security interests and its connection to the measures being taken.

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