Manifestations of Coherence and Investor-State Arbitration
Seiten
2025
Cambridge University Press (Verlag)
9781009153867 (ISBN)
Cambridge University Press (Verlag)
9781009153867 (ISBN)
It is often thought that coherence is just an ideal, but it is also a way of doing law. This book explores this important concept within the context of international investment law and investor-state dispute settlement (ISDS), for students, scholars and legal practitioners.
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.
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.
Charalampos Giannakopoulos is a Senior Research Fellow in the Centre for International Law, National University of Singapore. He has previously been a Visiting Research Scholar at the University of Michigan Law School and a legal consultant at UNCTAD (Investment Agreements Section).
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.
| Erscheinungsdatum | 21.06.2025 |
|---|---|
| Zusatzinfo | Worked examples or Exercises |
| Verlagsort | Cambridge |
| Sprache | englisch |
| Maße | 152 x 229 mm |
| Gewicht | 518 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht | |
| ISBN-13 | 9781009153867 / 9781009153867 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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Buch | Softcover (2025)
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