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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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The Advocate in the Transnational Justice System

The Advocate in the Transnational Justice System

(p.215) 13 The Advocate in the Transnational Justice System
Practising Virtue

Donald Francis Donovan

Oxford University Press

This chapter examines the role and function of advocates in international arbitration. It considers interstate adjudication; the emerging transnational justice system of international commercial arbitration; the governance regime reflected in investor-state arbitration; and the adjudication of international cases in national courts. It then explores a compelling example of the intersection of the international and national planes; and concludes with some advice and encouragement for new and aspiring international legal practitioners. It argues that legal practice today is no longer separated into different national boxes, in turn, separated from international law. Instead, advocates operate increasingly within a transnational legal space, as seen in the practice of litigators in domestic courts, for whom foreign laws and international law have become part of their everyday practice. Meanwhile, the character of international law itself is changing—being increasingly applied like national law in a judicial forum. Advocates are thus more than representative of their clients’ interests; they are actors who shape the future of the transnational space in which they operate and should bear responsibility for it.

Keywords:   international law, international arbitration, transnational justice system, interstate adjudication, investor-state arbitration

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