International law and national law
Vinokurov S.N. —
Correlation of the concepts of good faith in international law and law of the United States
// International Law.
– 2018. – ¹ 4.
– P. 24 - 33.
DOI: 10.25136/2306-9899.2018.4.27808 URL: https://en. nbpublish.com/library_read_article.php?id=27808
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The subject of this research is the interpretation of the concepts of good faith and the related concept of fair dealing in the area of international law and domestic law of the United States. The author examines not only the content of these concepts by the international legal category and American law, but also attempts to find similarities and differences in understanding of these concepts. The principle of good faith is has become mainstream in the law of the United States, which is common to the countries of general law. At the same time, multiple international conventions that regulate both, the private international relations and public international relations, in its text contain the requirement on good faith and fair dealing. The main conclusion lies in determination of the structural nature of the principle of good faith as an international legal concept in international law, as well as description of the content of good faith accepted in the law of the United States. The author underlines the inconsistencies in the content of good faith in the American law at the doctrinal level and the level of judicial practice. The article covers the role of good faith and fair dealing in regulating legal relations in the United States. Moreover, the author identifies certain common features and crucial differences betweeb understanding of good faith in the international law based on the conventions ratified in the United States and understanding of good faith in the American law.
guiltiness, estoppel, convention, international, American, USA, law, good faith, ratio, bad faith
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