Manifestations of coherence and investor-state arbitration / Charalampos Giannakopoulos.

Format:

Book

Author/Creator:

Giannakopoulos, Charalampos, author.

Language:

English

Subjects (All):

International commercial arbitration.

Investments, Foreign--Law and legislation.

Investments, Foreign.

Physical Description:

1 online resource (xxix, 327 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.

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, 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.

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.

Notes:

Title from publisher's bibliographic system (viewed on 14 Dec 2022).

Includes bibliographical references (pages 340-355) and index.

ISBN:

1-009-18362-1

1-009-18361-3

1-009-15387-0