Description |
1 online resource (xxv, 282 pages) : digital, PDF file(s) |
Contents |
Part I. Why do we need a theory of legitimate expectations? Introduction ; 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? Theoretical foundations for the use of moral philosophy of promise and conceptualisation of legitimate expectations ; The voluntarist conception of legitimate expectations and enforcement of sovereign promise ; Letting investors down; protection of trust and the assurance conception of legitimate expectations ; Protecting against investor's detrimental reliance: reliance conception of legitimate expectations ; In search of the most suitable conception of legitimate expectations -- Part III. Application of the reliance theory of legitimate expectations. Normative consequences of the reliance theory of legitimate expectations ; Rethinking remedies for a breach of legitimate expectations: corrective justice and reliance damages |
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 |
Notes |
Title from publisher's bibliographic system (viewed on 01 Mar 2019) |
Subject |
International commercial arbitration.
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Investments, Foreign (International law)
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Rational expectations (Economic theory)
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LAW / International.
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International commercial arbitration
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Investments, Foreign (International law)
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Rational expectations (Economic theory)
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Form |
Electronic book
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ISBN |
9781108675680 (ebook) |
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1108675689 (ebook) |
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1108474284 |
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9781108474283 |
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