Document Type

Article

Disciplines

International Law

Abstract

This article attempts to explain the differences between the scope of the doctrine of good faith in the US and China, and suggests that the two countries' different approaches reflect their profound cultural, political, and legal differences.' In essence, the doctrine of good faith is the legal equivalent of a chameleon-it takes on the characteristics of its environment.23 Even though the Chinese doctrine may "look, walk, and quack like"' 4 the American doctrine, it is definitely not the same as the American doctrine.

To provide a context for the discussion that follows, Parts II and III of this article will summarize the current law and scholarship on the doctrine of good faith in contractual relations in China and the US. Part IV will provide some examples of how Chinese and US courts have applied the doctrine in resolving contract disputes. Part V will then attempt to explain the divergent Chinese and American approaches by identifying the cultural, political, and legal differences that have helped shape the evolution of the doctrine of good faith in both countries.

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