The obligation to negotiate in good faith in International Law: a reflection derived on the judgment of the International Court of Justice on the preliminary objection filed by Chile in the Bolivian demand on the obligation to negotiate an access to the P

摘要

The main purpose of this article is to characterize the obligation to negotiate in good faith within the framework of International Law. All this as a result of the judgment on the preliminary objection filed by Chile in the Bolivian lawsuit before the International Court of Justice claiming that Chile has an obligation to negotiate in good faith a sovereign access to the Pacific Ocean. For this, the author cites international declarations and treaties where this obligation is contemplated, along with judgments of the International Court of Justice on the same point. The article concludes with several considerations in which the author analyses the implications it could have for Chile if the Court decided that Bolivia is right in terms of its demand on the obligation to negotiate in good faith a sovereign access to the sea.