Article

A Doctrine of Precedent?

Christoph Schreuer and Matthew Weiniger

in The Oxford Handbook of International Investment Law

Published in print June 2008 | ISBN: 9780199231386
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0030

Series: Oxford Handbooks in Law

 A Doctrine of Precedent?

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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

Article.  8372 words. 

Subjects: Law ; International Law

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