جستجوی مقالات مرتبط با کلیدواژه « obligation to negotiate » در نشریات گروه « فقه و حقوق »

Negotiations in the area of international relations, particularly with the aim of peaceful settlement of international disputes, should be done in good faith. This is because negotiate in good faith is like an international rule and in some cases; it is the pre-requisite for a treaty or agreement. Whenever there is an explicit agreement for negotiating, whether the term "good faith" is used or not, the parties shall continue negotiations based on the principle of pacta sunt servanda, and Article 26 of the Vienna Convention on the Law of Treaties in good faith. However, the principle of good faith will be applied even in voluntary negotiations. In other words, even in the absence of an explicit agreement between the parties, or an inherent obligation in some branches of international law, compliance with it will be essential. Thus, in both cases of the obligation to negotiate, the Pactum de Negotiando (obligation of conduct), and Pactum de Contrahendo (obligation of the result), the parties, regardless of their legal obligations base, should negotiate sincerely and purposefully and compromise in good faith to achieve the desired results