What is it about?
This chapter unpacks the inconsistencies and problems found in how judges use their tools in trade and investment disputes. It explores the tension between judges' roles and state consent, showing how different judges may favor either state consent or broader global law consistency.
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Why is it important?
The findings highlight the struggle between a unified international legal system and a jurisdiction based on state consent. The analysis reveals that both perspectives fall short in guiding judges on how to apply international law effectively. This results in inconsistent and unclear judicial decisions, demonstrating that judges are not fully resolving the complexities of international law.
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This page is a summary of: Unpacking Inconsistency, May 2024, De Gruyter,
DOI: 10.1163/9789004700932_007.
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