Protection of Legitimate Expectations in Investment Treaty Arbitration: A Theory of Detrimental Reliance

Protection of Legitimate Expectations in Investment Treaty Arbitration: A Theory of Detrimental Reliance

Author
Teerawat Wongkaew
Publisher
Cambridge University Press
Language
English
Year
2019
Page
306
ISBN
1108474284,9781108474283
File Type
pdf
File Size
2.0 MiB

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.

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