Good faith negotiation (Latin: bona fides) is a foundational principle of diplomatic conduct and international law requiring parties to engage in talks with a sincere willingness to consider compromise and to refrain from acts that would frustrate the object of the negotiation. It does not require parties to reach agreement, only to make a genuine effort.
The principle is anchored in Article 2(2) of the UN Charter, which obliges members to fulfil their Charter obligations in good faith, and in Article 26 of the 1969 Vienna Convention on the Law of Treaties (pacta sunt servanda), which extends the duty to treaty performance. The International Court of Justice elaborated the standard in the North Sea Continental Shelf cases (1969), holding that parties must conduct negotiations so that they are meaningful, not a mere formality, and must be prepared to contemplate modification of their positions.
Indicators of bad faith typically include:
- Refusing to meet or unjustifiably delaying talks
- Repudiating positions previously agreed ad referendum
- Taking unilateral actions that prejudge the outcome
- Negotiating publicly through media rather than at the table
- Insisting on non-negotiable maximalist demands
The duty appears across regimes: NPT Article VI obliges nuclear-weapon states to negotiate disarmament in good faith (reaffirmed by the ICJ's 1996 Nuclear Weapons advisory opinion); WTO dispute settlement requires good-faith consultations; and UNCLOS imposes the obligation on maritime boundary delimitation.
For Model UN and working-group settings, good faith negotiation translates into practical norms: tabling realistic amendments, attributing positions honestly, honoring caucus commitments, and avoiding forum shopping once a process is underway. While difficult to enforce, breaches damage diplomatic reputation and can weigh against a state in subsequent adjudication.
Example
In the 1969 North Sea Continental Shelf cases, the ICJ ruled that Denmark, the Netherlands, and West Germany were obligated to negotiate maritime boundaries in good faith, meaningfully considering each other's positions.