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

Precedent In The Settlement Of International Economic Disputes: The WTO And Investment Arbitration Models

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 role of precedent in international adjudication has attracted interest ever since the first standing judicial body, the Permanent Court of International Justice, was established, both as a practical issue and a theoretical subject. In order to address the role of precedent in international law in general, one cannot but start recalling the great divide in this matter between common law and civil law systems, although customary international law follows closely neither the one nor the other in this respect. In the United States the Supreme Court has reasoned that "the very concept of the rule of law underlying our Constitution requires such continuity over time that a respect for precedent is, by definition, indispensible. The institutional setting of investment arbitration is completely different from both that of the WTO and of the other international courts, not to speak of domestic legal systems.

Keywords: civil law systems; customary international law; international adjudication; international courts; investment arbitration; Permanent Court of International Justice; precedent; Supreme Court; United States; WTO

10.1163/ej.9789004206007.i-516.58
/content/books/10.1163/ej.9789004206007.i-516.58
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:
     
    Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2010) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation