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Coherence and Investor–State Dispute Settlement Reform
Published online by Cambridge University Press: 13 December 2022
Concerns of incoherence surrounding investor-state decisions have been widely discussed by scholars over the past several years and have moreover been overwhelmingly raised by state delegations during the UNCITRAL Working Group III discussions on investor-state dispute settlement reform. In the coda, the discussion is briefly brought back to its beginnings and the topic of investor-state dispute settlement reform. Are there any conclusions in relation to reform that may usefully be drawn from the book’s discussion? The coda argues that states may be required to reframe and recontextualise their understanding of the concept of coherence in light of the book’s overall analysis. In so doing, they may also be required to address coherence from the ‘bottom-up’ rather than the ‘top-down’.
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