Protection of legitimate expectations in investment treaty arbitration : a theory of detrimental reliance / Teerawat Wongkaew.

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:

1 online resource (xxv, 282 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2019.

System Details:

text file

PDF

Summary:

This book evaluates the core of the concept of legitimate expectations from first principles in moral philosophy. It adopts an unconventional approach by examining this topic from a deep, philosophical perspective and delves into the debates on the binding nature of promise in moral philosophy. It then develops a doctrinal structure for the standard of protection. The author places the key premise of the book on the possibility of deriving firm conclusions from the debate and on creating a set of precise and prescriptive 'guidelines of the application of legitimate expectations'. The features of this book are threefold: first, a significant body of literature on moral philosophy is assimilated; second, core philosophical principles are extracted and expressed as a normative framework to resolve concrete cases; third, the author analysed a vast number of investment treaty awards against the underlying framework.

Contents:

Machine generated contents note: 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. What is the Application of the Theory of Legitimate Expectations?: 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:

Title from publisher's bibliographic system (viewed on 01 Mar 2019).

Other Format:

Print version:

ISBN:

9781108675680

Access Restriction:

Restricted for use by site license.