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Part II Staking Out Theoretical Boundaries and Building the Regime, 7 Ariadne’s Thread and the Functional Thesis

From: Ethics in International Arbitration

Catherine A. Rogers

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 31 October 2020

This chapter discusses the ‘Functional Thesis’ posited as the underlying theory uniting the concepts discussed in previous chapters regarding the implementation of ethical self-regulation. The Functional Thesis labours under the presumption that acting upon ethical obligations are dependent upon the role of the agent; it assigns ‘functional roles’ to these agents that can create more flexible distinctions between identities presented in titles such as ‘lawyer’, ‘judge’, and so on. The ethical obligations presented in each role are subject to constant change as demanded by the procedural rules of international arbitration, yet a better understanding of these roles can lay the foundations for a code of conduct. And while these roles may shift to the whims of procedure, ethical expectations are, at least, constant over time.

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