Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Final Award In Loewen V. United States

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The dispute concerns North American Free Trade Agreement (NAFTA) claims brought by Raymond Loewen and the Loewen Group Inc., respectively, against the United States. In an obiter dictum comprising almost a hundred paragraphs, the tribunal provided its reasons as to why the judgment of the Mississippi trial court constituted a miscarriage of justice. In its "final word", the tribunal guards itself against the "natural instinct, when someone observes a miscarriage of justice, to step in and try to put it right". It is peculiar to read the tribunal's credo of moderation at the end of a lengthy award that combines passionate obiter dicta with scanty reasoning on the rationes decidendi. In half of the award, concerning the perceived denial of justice by the Mississippi court, the quest for justitia seems to be driving the tribunal; yet no findings are made.

Keywords: justitia; Mississippi trial court; NAFTA; obiter dictum; rationes decidendi; Raymond Loewen; tribunal; United States

10.1163/ej.9789004166325.i-373.68
/content/books/10.1163/ej.9789004166325.i-373.68
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Reasons Requirement in International Investment Arbitration — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation