Protection of legitimate expectations in investment treaty arbitration : a theory of detrimental reliance / Teerawat Wongkaew, Ministry of Foreign Affairs, Thailand.

Format:

Book

Author/Creator:

Wongkaew, Teerawat, 1984- author.

Language:

English

Subjects (All):

Investments, Foreign (International law).

International commercial arbitration.

Rational expectations (Economic theory).

Physical Description:

xxv, 282 pages ; 24 cm

Place of Publication:

Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019.

Summary:

"The book develops a reliance-based theory of legitimate expectations and articulates a normative framework for adjudication of cases for breach of the fair and equitable treatment standard. In this regard, the book has theoretical and practical relevance to the investment treaty arbitration community. The book takes an interdisciplinary approach based on moral philosophy to the complex issue of protection of legitimate expectations, which has so far been approached mostly from a formalist perspective. The reliance theory of legitimate expectations offers penetrative insights into the doctrinal structure and assists arbitral tribunals and counsels in adjudicating complex cases for breach of fair and equitable treatment standard. The proposed Guidelines for application of the principle of legitimate expectations offers a concrete framework for applying the doctrine to solve practical issues, which should provide more clarity and certainty to the law over time. The reliance theory of legitimate expectations will serve as a conceptual map for tribunals and legal counsels in the navigation of the legal landscape of legitimate expectations"-- Provided by publisher.

Contents:

Part I. Why Do We Need a Theory of Legitimate Expectations?: 1. Introduction; 2. The formalist conception of legitimate expectations and different paradigms of the investment treaty regime: a critique; Part II. What is the Theory of Legitimate Expectations?: 3. Theoretical foundations for the use of moral philosophy of promise and conceptualisation of legitimate expectations; 4. The voluntarist conception of legitimate expectations and enforcement of sovereign promise; 5. 'Letting investors down', protection of trust, and assurance conception of legitimate expectations; 6. Protecting against investors' detrimental reliance: reliance conception of legitimate expectations; 7. In search of the most suitable conception of legitimate expectations; Part III. Application of the Reliance Theory of Legitimate Expectatons; 8. Normative consequences of the reliance theory of legitimate expectations; 9. Rethinking remedies for a breach of legitimate expectations: corrective justice and reliance damages.

Notes:

Based on author's thesis (doctoral - Graduate Institute of International and Development Studies (Geneva, Switzerland), 2016).

Includes bibliographical references and index.

ISBN:

9781108474283

1108474284

OCLC:

1039939959