Manifestations of coherence and investor-state arbitration / Charalampos Giannakopoulos.
2022
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Title
Manifestations of coherence and investor-state arbitration / Charalampos Giannakopoulos.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.
Description
1 online resource (xxix, 327 pages) : digital, PDF file(s)
Formatted Contents Note
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.
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.
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.
Note
Title from publisher's bibliographic system (viewed on 14 Dec 2022).
Location
www
Available in Other Form
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Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781009153874 (ebook)
9781009153850 (hardback)
9781009153867 (paperback)
9781009153850 (hardback)
9781009153867 (paperback)
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