The Legal Validity of he Principle of Good Faith in International Law & JCPOA

Good faith is a moral concept with two aspects, protecting aspect and obligation or implicit aspect. Due to the need for legal rules, good faith enters to the law and its concept has been changed to a moral- legal concept.

In the past, there was no consensus on the notion of good faith in accepting or not accepting it as an independent legal principle in domestic and international legal systems. But today, the necessity of observing the principle of good faith and fair treatment in most internal and international legal systems has become very important as a legal rule. As a result, the importance of the principle of good faith among international sources of law as a source that can create binding legal rules and obligation in increasing. In the law of treaties, the necessity of observance of the principle of good faith in all stages of the contract, including the negotiation and implementation of obligations and the interpretation of Vienna convention on the Law of Treaties 1969,saying validity and Necessity to regard the principle of good faith in the performance of international obligations and treaties. This principle in customary international law is not only as an important customary rule accepted by the majority of countries, but also is superior and independent than custom and as a fundamental and binding principle beyond the will of sovereignty of governments, rules over international treaties and relations. Also, the principle of goodwill is one of the most important international general principles of law known in all civilized legal systems that, through the creation of mandatory rules of law, such as the principle of pacts sun  servant and staple, has a  prominent role in the dynamics And elimination of vacancy and ambiguity from the rules. The good faith principle in relation to international judicial procedures acts as an independent source of international law, which has been cited by many International Judicial settlement courts, such as the International court of justice, by getting out of the compromise and sovereignty of governments. The principle of fairness as a valid source of international law is based on the principle of good faith good faith creates the obligation to refer to the principle of fairness in the settlement of international disputes. Also, the principle of good faith as one of the international jus conge’s recognized by the international community as a whole, including irrevocably laws, as an independent source, can create binding legal obligations or rules, with the aim of achieving order and legal justice. Due to the recognition of such a position for goodwill in international law and its implicit or obligational aspect, this principle has legal sanctions such as compensation, termination of contract, revocation of contract, modification of contract, mutual action, obligation to create a contract, and Refund of benefits. The agreement between Iran and the 1+5 countries under the title “comprehensive Action plan “called Bar jam, is one of the important international document or agreement that contains political commitments, which, despite its special and different nature with International classical treaties, one of the binding basis of Bar jam is the principle of goodwill, with due regard to Its Effective and important position.

Key words: Good faith, international law sources, legal commitment, political commitment, binding, international agreement, necessity of fulfillment (pacts sun servant), fairness, Bar jam.