2 Defining Good Faith

Subject(s):

Jurisdiction — Good faith — General principles of international law

This chapter provides an overview of the definitions and construction of the principle of good faith in both the domestic and international contexts. More specifically, it explores various uses of good faith across several legal systems and its application and place in the practice of international investment law. The chapter first traces the history of good faith as an influence in legal systems before discussing how diverse definitions, meanings, and nuances make it problematic for applying good faith in international investment law and in international law more broadly. It then explains the presence of good faith as a principle of public and private international law, its relevance in treaty interpretation, and its use in the United Nations and international treaties. Finally, it examines some distinct applications of the principle of good faith in domestic legal systems, such as common law and civil law.