Protection of Legitimate Expectations in Investment Treaty Arbitration: A Theory of Detrimental Reliance
Autor Teerawat Wongkaewen Limba Engleză Paperback – 5 aug 2020
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Specificații
ISBN-13: 9781108825061
ISBN-10: 1108825060
Pagini: 308
Dimensiuni: 152 x 229 x 17 mm
Greutate: 0.42 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom
ISBN-10: 1108825060
Pagini: 308
Dimensiuni: 152 x 229 x 17 mm
Greutate: 0.42 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom
Cuprins
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.
Recenzii
'This book presents a fresh outlook on the theory of legitimate expectations as applied prominently in the jurisprudence of investment tribunals. Building on detailed knowledge of the relevant cases, Teerawat Wongkaew manages to offer fascinating insights into the underlying philosophical theories of legitimate expectations. He makes a compelling argument in favour of a reliance conception that introduces core elements of the traditional estoppel principle into the debate and provides a suitable framework of analysis.' August Reinisch, University of Vienna
'By drawing on the moral philosophy of promise, this book takes a novel, unexplored route in developing a doctrinal structure and theory for the understanding and application of the concept of legitimate expectations. It is independent and unconventional thinking at its best and shows that legal philosophy and international investment law have more potential for fruitful interaction than many would have thought.' Stephan Schill, University of Amsterdam
'Teerawat Wongkaew's work is a brilliant effort to provide a moral and carefully nuanced basis for the use of legitimate expectations that both grounds as well as limits the use of this concept as the basis of responsibility of states. The philosophical and moral rationalisation it provides will guide scholarship on the subject even when it provokes dissent. The capacity of this work to provoke thinking on a subject that deeply affects the legitimacy of investment arbitration will set it apart as the most meaningful work to have been written thus far on this subject.' M. Sornarajah, National University of Singapore
'This is indeed a serious and thoughtful attempt at clarifying a concept too often invoked outside any elaborated definition; a book which, for sure, will be as interesting and useful for practitioners as for scholars interested in the current development of the international law of investments.' Pierre-Marie Dupuy, Graduate Institute of International and Development Studies, Geneva
'By drawing on the moral philosophy of promise, this book takes a novel, unexplored route in developing a doctrinal structure and theory for the understanding and application of the concept of legitimate expectations. It is independent and unconventional thinking at its best and shows that legal philosophy and international investment law have more potential for fruitful interaction than many would have thought.' Stephan Schill, University of Amsterdam
'Teerawat Wongkaew's work is a brilliant effort to provide a moral and carefully nuanced basis for the use of legitimate expectations that both grounds as well as limits the use of this concept as the basis of responsibility of states. The philosophical and moral rationalisation it provides will guide scholarship on the subject even when it provokes dissent. The capacity of this work to provoke thinking on a subject that deeply affects the legitimacy of investment arbitration will set it apart as the most meaningful work to have been written thus far on this subject.' M. Sornarajah, National University of Singapore
'This is indeed a serious and thoughtful attempt at clarifying a concept too often invoked outside any elaborated definition; a book which, for sure, will be as interesting and useful for practitioners as for scholars interested in the current development of the international law of investments.' Pierre-Marie Dupuy, Graduate Institute of International and Development Studies, Geneva
Notă biografică
Descriere
Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration