1) It's a general principle with International Treaties that "good faith" has to be adhered to.
2) Article 50 of the EU treaty allowing states to leave the EU also stipulates "good faith".
3) The Brexit treaty stipulates "good faith" in Article 5.
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Good faith
45.Article 5 of the Withdrawal Agreement states that the UK and EU will, “in full mutual respect and good faith, assist each other in carrying out tasks which flow from this Agreement”. It imposes an obligation on the parties to “take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising from this agreement and shall refrain from any measures which could jeopardise the attainment of the objectives of this Agreement”.
46.Should any disputes arise between the parties to the Agreement, they will fall to be determined against the background of this provision. The Government’s December 2018 paper The Legal Position on the Withdrawal Agreement notes that “the principle of good faith is a rule of customary international law, as has been recognised by the CJEU and the International Court of Justice”
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On Monday 10 December 2018, the Court of Justice of the European Union held in Case C-621/18 Wightman & Others that Article 50 TEU can be revoked unilaterally by the United Kingdom, without any agreement required from the other 27 Member States.
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If the EU considers fish in foreign waters to do with as they please, then that knocks out all current EU fishing agreements with non-EU countries, on the basis that the EU isn't following those agreements in "good faith".
