Book contents
- Manifestations of Coherence and Investor–State Arbitration
- Manifestations of Coherence and Investor–State Arbitration
- Copyright page
- Contents
- Preface and Acknowledgements
- Table of Cases
- Table of International Conventions
- Table of International Investment Agreements
- Table of Procedural Rules
- Abbreviations
- 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 Reasoning
- 6 Coherence as Reflexivity
- 7 Coherence as Moral Responsibility
- Coda
- Epilogue
- Bibliography
- Index
5 - Coherence and Analogical Reasoning
Published online by Cambridge University Press: 13 December 2022
- Manifestations of Coherence and Investor–State Arbitration
- Manifestations of Coherence and Investor–State Arbitration
- Copyright page
- Contents
- Preface and Acknowledgements
- Table of Cases
- Table of International Conventions
- Table of International Investment Agreements
- Table of Procedural Rules
- Abbreviations
- 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 Reasoning
- 6 Coherence as Reflexivity
- 7 Coherence as Moral Responsibility
- Coda
- Epilogue
- Bibliography
- Index
Summary
Chapter 5 examines how considerations of coherence manifest in the use of analogical reasoning by investor-state tribunals. In particular, it demonstrates through concrete examples and case studies that the persuasiveness and correctness of an arbitral award based on analogical reasoning depends on the degree of its internal coherence. It is argued that coherence in an analogical inference manifests in two ways. Firstly, in a methodological sense, coherence manifests itself in the way the adjudicator frames the legal question at issue and in the degree to which the analogy, as drawn, satisfies the elements of similarity, structural parallels, and purposiveness. Secondly, in a substantive sense, coherence manifests itself in the normative contextualisation of the legal question and in the moral appeal of the proposed interpretation derived from the analogy.
Keywords
- Type
- Chapter
- Information
- Manifestations of Coherence and Investor-State Arbitration , pp. 146 - 206Publisher: Cambridge University PressPrint publication year: 2023