Shree Vaishnavi Onteddu, West Bengal National University of Juridical Sciences
ABSTRACT
This project started with the introduction of Doctrine of Good Faith and the space it occupies in the International Legal Community and establishes it both as a general principle of law and customary international law, and lays down the foundation for this doctrine being one the most fundamental principles of International Law. This project, in essence, establishes how from the past decade, USA has continously been violating the Principle of Good Faith. The principle also forbids abusive and arbitrary behaviour, including the exploitation of legal privileges for objectives and purposes that are harmful to other people or the collective as a whole.
There are categories of violating Good Faith and Abuse of Rights is one of these categories. These categories include Estoppel, Interpretation of Treaties, Performance of Treaties and Abuse of Rights. This project will delve into detail, how the USA has been violating some of these categories and how they have been established. This project lists the numerous components needed to illustrate the authority the USA possesses and how that authority is being abused by breaching this doctrine. The project will also discuss the strengths of the US's arguments for doing the same and how these US actions are part of its effort to assert its superiority over other states. It will also discuss how this completely destroyed the momentum of the WTO as an international organisation and negatively impacted numerous states involved in disputes, who suffered significant losses as a result. The initiative will establish through "clear and compelling evidence" that the violation has caused injury "of severe consequence" to the member nations of WTO and the global community in order to conclusively prove the violation being committed by the United States.
