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Good Faith and the Exercise of Treaty-Based Discretionary Powers

Linderfalk, Ulf LU (2018)
Abstract
This article inquires into the role of good faith for the exercise of treaty-based discretionary powers. As the article argues, not only does the principle of good faith form a source of inspiration and an explanatory background to the vast body of law laid down in international treaties. Furthermore, it sets a limit to the application of any treaty rule that confers a discretionary power, whether on states, on an international court or tribunal, or an organ of an international organisation. In each and every case of application, this limit is relative to the purpose of the particular rule conferring the power. The article illustrates this proposition by reference to international case-law. It speculates on the significance of the... (More)
This article inquires into the role of good faith for the exercise of treaty-based discretionary powers. As the article argues, not only does the principle of good faith form a source of inspiration and an explanatory background to the vast body of law laid down in international treaties. Furthermore, it sets a limit to the application of any treaty rule that confers a discretionary power, whether on states, on an international court or tribunal, or an organ of an international organisation. In each and every case of application, this limit is relative to the purpose of the particular rule conferring the power. The article illustrates this proposition by reference to international case-law. It speculates on the significance of the proposition for a description of the relationship between treaties and the principle of good faith. (Less)
Abstract (Swedish)
This article inquires into the role of good faith for the exercise of treaty-based discretionary powers. As the article argues, not only does the principle of good faith form a source of inspiration and an explanatory background to the vast body of law laid down in international treaties. Furthermore, it sets a limit to the application of any treaty rule that confers a discretionary power, whether on states, on an international court or tribunal, or an organ of an international organisation. In each and every case of application, this limit is relative to the purpose of the particular rule conferring the power. The article illustrates this proposition by reference to international case-law. It speculates on the significance of the... (More)
This article inquires into the role of good faith for the exercise of treaty-based discretionary powers. As the article argues, not only does the principle of good faith form a source of inspiration and an explanatory background to the vast body of law laid down in international treaties. Furthermore, it sets a limit to the application of any treaty rule that confers a discretionary power, whether on states, on an international court or tribunal, or an organ of an international organisation. In each and every case of application, this limit is relative to the purpose of the particular rule conferring the power. The article illustrates this proposition by reference to international case-law. It speculates on the significance of the proposition for a description of the relationship between treaties and the principle of good faith. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
keywords
Public international law, Folkr├Ątt
host publication
Exceptions and Defences in International Law
editor
Bartels, Lorand ; Paddeu, Federica ; and
publisher
Oxford University Press
ISBN
9780198789321
language
English
LU publication?
yes
id
a8e2ada1-734d-4970-8648-8a3a8c710211
alternative location
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2783644
date added to LUP
2018-12-12 11:47:21
date last changed
2018-12-17 12:02:37
@inbook{a8e2ada1-734d-4970-8648-8a3a8c710211,
  abstract     = {This article inquires into the role of good faith for the exercise of treaty-based discretionary powers. As the article argues, not only does the principle of good faith form a source of inspiration and an explanatory background to the vast body of law laid down in international treaties. Furthermore, it sets a limit to the application of any treaty rule that confers a discretionary power, whether on states, on an international court or tribunal, or an organ of an international organisation. In each and every case of application, this limit is relative to the purpose of the particular rule conferring the power. The article illustrates this proposition by reference to international case-law. It speculates on the significance of the proposition for a description of the relationship between treaties and the principle of good faith.},
  author       = {Linderfalk, Ulf},
  booktitle    = {Exceptions and Defences in International Law},
  editor       = {Bartels, Lorand and Paddeu, Federica},
  isbn         = {9780198789321},
  language     = {eng},
  publisher    = {Oxford University Press},
  title        = {Good Faith and the Exercise of Treaty-Based Discretionary Powers},
  url          = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2783644},
  year         = {2018},
}