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"--

List of contents

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.

About the author

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).

Summary

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.

Foreword

A novel framework for understanding the role and relevance of coherence in international dispute settlement and judicial reasoning.

Product details

• Authors: Charalampos Giannakopoulos, Charalampos (National University o Giannakopoulos
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 31.10.2022
• EAN: 9781009153850
• ISBN: 978-1-0-0915385-0
• No. of pages: 400
• Subjects: Social sciences, law, business > Law > General, dictionaries; LAW / International, LAW / Public, LAW / Arbitration, Negotiation, Mediation, LAW / Jurisprudence, LAW / Commercial / International Trade, International Law, LAW / Alternative Dispute Resolution, Public International Law, Jurisprudence & general issues, Arbitration, mediation & alternative dispute resolution, Jurisprudence and general issues, International economic & trade law, Arbitration, mediation and alternative dispute resolution, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, Public international law: economic and trade