Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 19 September 2019

Abstract and Keywords

This article discusses the precedent in international law and marks the evidence of a coherent case-law as it strengthens the predictability of decisions and enhances their authority. Investment treaty awards can thus play a role in counteracting the increasing fragmentation of international law. It emphasizes that the terms of each treaty should be carefully analysed to determine the exact scope of the consent expressed by the two parties. The tribunal examines a number of previous decisions that it finds to be in line with its own conclusions. This article also discusses the inconsistency in decisions and shows that in some cases tribunals did not follow earlier decisions but adopted different solutions while at times, they simply adopted a different solution without distancing themselves from the earlier decision. Finally, it ends with a brief discussion of the plans to create institutionalized mechanisms to achieve uniform interpretations.

Keywords: precedent, international law, investment treaty, tribunal, inconsistency, decisions

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.