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Manifestations of Coherence and Investor-State Arbitration

About 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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  • Language:
  • English
  • ISBN:
  • 9781009153850
  • Binding:
  • Hardback
  • Pages:
  • 358
  • Published:
  • January 18, 2023
  • Dimensions:
  • 152x21x229 mm.
  • Weight:
  • 644 g.
Delivery: 2-3 weeks
Expected delivery: December 14, 2024

Description of 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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