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Manifestations of Coherence and Investor-State Arbitration

Autor Charalampos Giannakopoulos
en Limba Engleză Hardback – 18 ian 2023
Coherence is highly valued in law. It is especially sought after in investor-state dispute settlement, where charges of incoherence in arbitral awards have long been raised by states and scholars. Yet coherence is a largely underexplored notion in international law. Often, it is treated as a mere ideal to strive towards or simply as a different way to describe the legal consistency of judicial outcomes. This book takes a different approach. It sees coherence as an independent concept having two dimensions: a substantive and a methodological one. Both are critically important for legal reasoning by international courts and tribunals, including by investor-state tribunals, and the book illustrates through several case studies some of the ways this conclusion is borne out in practice. A fuller understanding of coherence in international law has implications for our understanding of the concept of law, the practice of legal reasoning, and judicial professional ethics.
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Specificații

ISBN-13: 9781009153850
ISBN-10: 1009153854
Pagini: 400
Dimensiuni: 237 x 159 x 27 mm
Greutate: 0.64 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom

Cuprins

Introduction; 1. The content of coherence; 2. Coherence and legal reasoning; 3. Two models for coherence; 4. Coherence and the interpretation of treaties; 5. Coherence and analogical thinking; 6. Coherence as reflexivity; 7. Coherence as moral responsibility; Coda: coherence and investor-state dispute settlement reform; Epilogue.

Notă biografică


Descriere

A novel framework for understanding the role and relevance of coherence in international dispute settlement and judicial reasoning.