The Absence Of The Principle Of Good Faith In The South China Sea Arbitration Case:Manifestation?Cause And Path

There are mainly three aspects to put forward the question in the dissertation that are strong demand of building the indigenous theory of international law?the limitations of international law?the awkward situation of the disconnection between the theory and practice of the good faith principle.In response to this,this dissertation is based on the South China Sea Arbitration Case,through analyzing the violation of the principle of good faith in this case?the reasons behind it and raising the corresponding solutions,hoping to throw a sprat.The first part is the principle of good faith in international law.This part combs and expounds the jurisprudence basis of the principle of good faith,including the main meaning and limitation of the principle of good faith;the relevant international legal documents and application of the principle of good faith;and the concretion of the principle of good faith,so as to lay a solid foundation for the following analysis.The second part is the concrete manifestation of the lack of the principle of good faith in the South China Sea Arbitration Case.The concrete manifestation of the lack of the principle of good faith in the South China Sea Arbitration Case includes two aspects of procedural and substantive,the Philippines and the temporary Arbitration Tribunal is the subject of procedural violations,their violations are extremely obvious.Substantive violation mainly focused on manifestly violating the provisions of the Convention,maliciously misinterpreting the connotation of "historic rights" and Arbitration Tribunals adopt radical standards and wantonly engage in "judicial law-making".At the same time,it also responds to the question of whether China's behavior is complying with the principle of good faith to a certain extent.The third part is analysis of the reasons for the lack of good faith principle in the South China Sea Arbitration Case.There are mainly four reasons violating the principle of good faith in the South China Sea Arbitration Case,including malicious use the defects of United Nations Convention on the Law of the Sea which is the core of in international law?the wanton tendency of "judicial law-making"?extremely respected and run "international law instrumentalism"?misuse the "anarchy" system of international law that lacks oversight and regulation.The fourth part is the way of the principle of good faith and the choice of China.By analyzing the performance and reasons of lack of the principle of good faith in the South China Sea Arbitration Case,the author explore the way of the principle of good faith in the future and China's choice,the specific contents include:strengthening the rational cognition of the principle is a prerequisite for reasonable application;adhering to the dialectical unity of the dual attributes of international law accord with the actual needs of international law;strengthening the benign interaction between theoretical research and practice of the principles;the reasonable application of the principle of good faith and China.The principle of good faith is a dynamic development category that has gradually been introduced into international law from domestic laws,its connotation and extension are continuously mining,the scope is no longer confined to the field of business,its flexibility and shape is very strong,through it's reasonable application,can further boost the healthy development of the international legal system and promote the national sustainable development.