Manifestations of Coherence and Investor-State Arbitration

Charalampos Giannakopoulos (National University of Singapore)

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English

Cambridge University Press
19 January 2023

Jurisprudence & philosophy of law; International law; Public international law; International economic & trade law; Arbitration, mediation & alternative dispute resolution

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.

By: Charalampos Giannakopoulos (National University of Singapore)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 157mm, Spine: 25mm
Weight: 670g
ISBN: 9781009153850
ISBN 10: 1009153854
Pages: 400
Publication Date: 19 January 2023
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

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.

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).