The Principle of Good Faith in Public International Law
Honesty, loyalty and reasonableness together refer to the principle of good faith in contemporary private law. The principle of good faith historically emerged as a natural law principle deriving from Roman law of nations, the universal set of rules applicable for all mankind. However, it also has i...
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Universidad de Deusto
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doaj-fd1a16ae66ef462785be5b30e0b331132021-09-11T20:39:26ZengUniversidad de DeustoEstudios de Deusto0423-48472386-90622020-07-0168110.18543/ed-68(1)-2020pp43-591568The Principle of Good Faith in Public International LawTalya UçaryılmazHonesty, loyalty and reasonableness together refer to the principle of good faith in contemporary private law. The principle of good faith historically emerged as a natural law principle deriving from Roman law of nations, the universal set of rules applicable for all mankind. However, it also has immense historical effects on the early modern theories of international law. Being based on natural law and morality, good faith is well-equipped to be a fundamental standard of behavior in contemporary international law concerns. Good faith manifests itself as pacta sunt servanda as the basis of international treaty law. As a principle referring to honesty, loyalty and reasonableness, it guarantees the prohibition of the abuse of power and provides equitable solutions in legal relationships between sovereigns and private actors. Accordingly this article examines the application of the classical Roman principle of good faith in international law from a transhistorical perspective to clarify its contemporary applications, taking refugee law as an example. It concerns itself with the fundamental elements of good faith, the historical emergence of the principle, its relationship with early modern international legal theories and its contemporary significance in refugee law. Received: 23.10.2019 Accepted: 29.12.2019 Published online: 03.07.2020 https://revista-estudios.revistas.deusto.es/article/view/1815Good FaithGrotiusInternational LawPacta Sunt ServandaRefugee Law. |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Talya Uçaryılmaz |
spellingShingle |
Talya Uçaryılmaz The Principle of Good Faith in Public International Law Estudios de Deusto Good Faith Grotius International Law Pacta Sunt Servanda Refugee Law. |
author_facet |
Talya Uçaryılmaz |
author_sort |
Talya Uçaryılmaz |
title |
The Principle of Good Faith in Public International Law |
title_short |
The Principle of Good Faith in Public International Law |
title_full |
The Principle of Good Faith in Public International Law |
title_fullStr |
The Principle of Good Faith in Public International Law |
title_full_unstemmed |
The Principle of Good Faith in Public International Law |
title_sort |
principle of good faith in public international law |
publisher |
Universidad de Deusto |
series |
Estudios de Deusto |
issn |
0423-4847 2386-9062 |
publishDate |
2020-07-01 |
description |
Honesty, loyalty and reasonableness together refer to the principle of good faith in contemporary private law. The principle of good faith historically emerged as a natural law principle deriving from Roman law of nations, the universal set of rules applicable for all mankind. However, it also has immense historical effects on the early modern theories of international law. Being based on natural law and morality, good faith is well-equipped to be a fundamental standard of behavior in contemporary international law concerns. Good faith manifests itself as pacta sunt servanda as the basis of international treaty law. As a principle referring to honesty, loyalty and reasonableness, it guarantees the prohibition of the abuse of power and provides equitable solutions in legal relationships between sovereigns and private actors. Accordingly this article examines the application of the classical Roman principle of good faith in international law from a transhistorical perspective to clarify its contemporary applications, taking refugee law as an example. It concerns itself with the fundamental elements of good faith, the historical emergence of the principle, its relationship with early modern international legal theories and its contemporary significance in refugee law.
Received: 23.10.2019
Accepted: 29.12.2019
Published online: 03.07.2020
|
topic |
Good Faith Grotius International Law Pacta Sunt Servanda Refugee Law. |
url |
https://revista-estudios.revistas.deusto.es/article/view/1815 |
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AT talyaucaryılmaz theprincipleofgoodfaithinpublicinternationallaw AT talyaucaryılmaz principleofgoodfaithinpublicinternationallaw |
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