the principle of good faith in international contract law

Thus, the following conclusions can be drawn.
It is obvious that the principle of good faith was in demand in both international and American law. Comparison of the content of good faith, adopted in American law, with the content of good faith in international law, makes it possible to identify common features and conceptual differences between them. This concept is enshrined in a number of conventions ratified by the United States, such as the UN Charter, the UN Convention on Contracts for the International Sale of Goods (Vienna Convention 1980), the Declaration of Principles of International Law, the 1975 CSCE Final Act and the Vienna Convention on the law of international treaties of 1969 and other international legal sources. In the conventions governing international private law relations, good faith is mentioned in conjunction with ideas about fair business practices.
In fact, good faith as an international legal principle has a structured nature, manifested through a number of other legal institutions and concepts, such as the principle of the unconditional obligation to comply with concluded agreements (pacta sunt servanda), the desire to avoid abuse of rights and discretion, the estoppel principle, tacit acceptance of the situation and the observance of honesty in negotiations. The interpretation of good faith also includes the parties' demonstration of their intentions aimed at reaching an agreement during the fulfillment of their obligations and the requirement to act reasonably and seeks to strengthen trusting relationships.
Speaking of good faith in American law, this concept has been widely applied, through the adoption by the majority of the state of the requirements of the Uniform Commercial Code, and the application of the provisions of the Revised (second edition) contract law (The Restatement (Second ) of the Law of Contracts), which is considered an unconventional approach for common law countries with the dominance of their ideas about judicial positivism, which is based on the process of adopting precedents, and the dominance of ideas about freedom of contract in case law. Although, there are opinions that the defining sources of requirements for good faith in the common law system are not legislative acts, but the case-law of courts, based on the fundamental principles of case law, and which contains directly opposite views on this principle.
Comparing the ideas of good faith adopted in American law and international law, it is possible to identify a number of the same characteristics. This similarity is manifested in the fact that good faith acts as a generally binding requirement, enshrined in regulations, and based on the need to show reasonableness and honesty towards the other party and on the desire to reach agreement between them, as well as on compliance with business practice standards while fulfilling the obligations assumed, avoiding any forms of abuse of the right and obtaining unreasonable economic or other advantages at the expense of the other party [26; 27].
The fundamental differences between the good faith established in the US legal system and the principle adopted in international law are manifested in the fact that the American judicial practice in a number of precedents suggests taking into account the subjective factor of guilt when assessing the behavior of the parties as a prerequisite for recognizing the behavior as unfair. and also when, in the case-law of the United States, the dominance of ideas about freedom of contract, traditional for the common law system, prevails, to the detriment of the imperative nature of the norms on good faith adopted in legislative acts [28; 29; 30].
An interesting is the method of assessing conscientiousness through the concept of "exclusion" proposed by the American professor Robert Summers - 371, which is based on the method of defining the ideals of conscientiousness through identifying and "cutting off" manifestations of any forms of dishonest behavior. Such a method, in the opinion of the author of the article, if widely used in international law, would seriously enrich the international legal practice of law.
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