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Good Faith in International Law


ISBN13: 9781509914098
Published: July 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order.

In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, it aims to map the true points of gravity of the principle of good faith in the international legal order.

In so doing, it illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.

Subjects:
Public International Law
Contents:
Part I: The Definition and Scope of Good Faith in Public International Law
1. The Role of Principles in the Body of Public International Law
2. The Three Meanings of Good Faith in Public International Law
3. The Degree of Normativity of the Principle of Good Faith
4. The Delimitation of Good Faith with Respect to Other Principles of International Law

Part II: Good Faith in the Various Subject Areas of Public International Law
5. Good Faith and the Sources
6. Good Faith and the Jurisdiction of States
7. Good Faith in the Law of International Organisations
8. Good Faith in the Law of International Responsibility
9. Good Faith in the Law on the Peaceful Settlement of International Disputes
10. Good Faith in the International Law of Investments: Legitimate Expectations and Prohibition of Abuse of Procedure under 'Fair and Equitable Treatment'
11. Good Faith in the Law of Armed Conflicts: The Prohibition of Perfidy
12. Conclusion