Advanced

What Are the Functions of the General Principles? Good Faith and International Legal Pragmatics

Linderfalk, Ulf LU (2018) In Zeitschrift für ausländisches öffentliches Recht und Völkerrecht : Heidelberg journal of international law 78. p.1-32
Abstract
To assist current efforts of the academic community to develop a fuller understanding of the function of general principles of international law, this article inquires into the operation of the principle of good faith. As argued, first, good faith serves as a principle of international legal pragmatics. It helps to explain the understanding of conduct in much the same way as, say, the requirement that in a verbal utterance, the first singular pronoun “I” be used to refer to the utterer, and a temporal expression such as “now” to the point in time of the utterance. Second, the principle of good faith does not itself presuppose the good of any particular state of affairs. It helps to ensure the comprehension of communicative behaviour on the... (More)
To assist current efforts of the academic community to develop a fuller understanding of the function of general principles of international law, this article inquires into the operation of the principle of good faith. As argued, first, good faith serves as a principle of international legal pragmatics. It helps to explain the understanding of conduct in much the same way as, say, the requirement that in a verbal utterance, the first singular pronoun “I” be used to refer to the utterer, and a temporal expression such as “now” to the point in time of the utterance. Second, the principle of good faith does not itself presuppose the good of any particular state of affairs. It helps to ensure the comprehension of communicative behaviour on the part of international law-makers, irrespective of the moral or political agenda that they themselves happen to be pursuing. Third, in international law, there are other norms that share the traits of the principle of good faith. They, too, can be characterised as principle of international legal pragmatics. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Public international law, Folkrätt
in
Zeitschrift für ausländisches öffentliches Recht und Völkerrecht : Heidelberg journal of international law
volume
78
pages
33 pages
publisher
C.H. Beck
ISSN
0044-2348
language
English
LU publication?
yes
id
72d8e154-de49-4267-9328-3d646bc2e46d
date added to LUP
2018-12-12 10:00:49
date last changed
2018-12-21 10:55:15
@article{72d8e154-de49-4267-9328-3d646bc2e46d,
  abstract     = {To assist current efforts of the academic community to develop a fuller understanding of the function of general principles of international law, this article inquires into the operation of the principle of good faith. As argued, first, good faith serves as a principle of international legal pragmatics. It helps to explain the understanding of conduct in much the same way as, say, the requirement that in a verbal utterance, the first singular pronoun “I” be used to refer to the utterer, and a temporal expression such as “now” to the point in time of the utterance. Second, the principle of good faith does not itself presuppose the good of any particular state of affairs. It helps to ensure the comprehension of communicative behaviour on the part of international law-makers, irrespective of the moral or political agenda that they themselves happen to be pursuing. Third, in international law, there are other norms that share the traits of the principle of good faith. They, too, can be characterised as principle of international legal pragmatics.},
  author       = {Linderfalk, Ulf},
  issn         = {0044-2348},
  keyword      = {Public international law,Folkrätt},
  language     = {eng},
  pages        = {1--32},
  publisher    = {C.H. Beck},
  series       = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht : Heidelberg journal of international law },
  title        = {What Are the Functions of the General Principles? Good Faith and International Legal Pragmatics},
  volume       = {78},
  year         = {2018},
}