| I. | Substantive International Law - First Part |
| 1. | THE FOUNDATIONS OF INTERNATIONAL LAW |
| 1.1. | Good Faith |
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Border and Transborder Armed Actions
(Nicaragua/Honduras),
Jurisdiction and Admissibility,
Judgment, I.C.J. Reports 1988, p. 69
[p. 105] The Court has also to deal with the contention of Honduras
that Nicaragua is precluded not only by Article IV of the Pact of Bogotá
but also "by elementary considerations of good faith" from commencing
any other procedure for pacific settlement until such time as the Contadora
process has been concluded. The principle of good faith is, as the Court has
observed, "one of the basic principles governing the creation and
performance of legal obligations" (Nuclear Tests, I.C.J. Reports 1974,
p. 268, para. 46; p. 473, para. 49); it is not in itself a source of obligation
where none would otherwise exist.
