Screen LibraryManifestations of coherence and investor-state arbitration /
"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, coherence is treated...
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| Main Authors: | |
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| Published: |
Cambridge University Press,
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| Publisher Address: | Cambridge, United Kingdom : |
| Publication Dates: | 2022. |
| Literature type: | Book |
| Language: | English |
| Subjects: | |
| Summary: |
"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, coherence 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 views coherence as an independent concept having two dimensions: a substantive and a methodological one. Both are critical 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 the way we should understand the concept of law, the practice of legal reasoning, and judicial professional ethics"-- |
| Item Description: | Based on author's thesis (doctoral - Graduate Institute of International and Development Studies (Geneva, Switzerland), 2018) issued under title: The principle of coherence in international law : a study on investment arbitration. |
| Carrier Form: | xxix, 327 pages : illustration ; 24 cm |
| Bibliography: | Includes bibliographical references (pages 308-323) and index. |
| ISBN: |
9781009153850 1009153854 9781009153867 1009153862 |
| Index Number: | K2400 |
| CLC: | D997.4 |
| Call Number: | D997.4/G433 |
| Contents: | Introduction -- The content of coherence -- Coherence and legal reasoning -- Two models for coherence -- Coherence and the interpretation of treaties -- Coherence and analogical reasoning -- Coherence as reflexivity -- Coherence as moral responsibility -- Coda : coherence and investor-state dispute settlement reform -- Epilogue. |