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Manifestations of Coherence and Investor-State Arbitration

Om Manifestations 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 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"--

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  • Språk:
  • Engelska
  • ISBN:
  • 9781009153850
  • Format:
  • Inbunden
  • Sidor:
  • 358
  • Utgiven:
  • 19. januari 2023
  • Mått:
  • 152x21x229 mm.
  • Vikt:
  • 644 g.
  Fri leverans
Leveranstid: 2-4 veckor
Förväntad leverans: 26. november 2024

Beskrivning av Manifestations 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 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"--

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