Unpacking Inconsistency

Nicola Strain

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Chapter 6 Unpacking Inconsistency

In: The Adjudicatorâs Toolkit and the Force of International Law

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Nicola Strain

Nicola Strain
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Type:: Chapter

Pages:: 194â236

DOI:: https://doi.org/10.1163/9789004700932_007

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Abstract

Chapter 6 then attempts to unpack the inconsistency and problems identified in the previous Chapters in the application of the adjudicatorâs toolkit. In doing so, the Chapter illustrates the tension between the international judicial function and State consent and how the different answers to this question can illuminate whether consent/dispute-oriented or coherence/rule development are favoured by individual adjudicators. The results illustrate the areas of tension between the desire for a system of international law and a consensual approach to jurisdiction. As such, neither of these two perspectives provide an adequate answer to how an adjudicator utilises their toolkit in applying public international law. The analysis of the legal reasoning in the case law throughout these three chapters indicates the insufficiency of such reasoning to engage with the indeterminacy and tension involved in these questions of public international law, resulting in the failure to meet a conscious and transparent standard of judicial decision-making. Consequently, the Chapters demonstrate that the puzzle of international law is not being harmoniously put back together by adjudicators.

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The Adjudicatorâs Toolkit and the Force of International Law

Comparing Trade and Investment Disputes

E-Book ISBN:: 9789004700932

Publisher:: Brill | Nijhoff

Print Publication Date:: 23 May 2024

Subjects
- International Law
  - International Law: General Interest
  - International Commercial, Trade & Investment Law

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Chapter 6 Unpacking Inconsistency

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The Adjudicatorâs Toolkit and the Force of International Law

Comparing Trade and Investment Disputes

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The Adjudicatorâs Toolkit and the Force of International Law