Protection of Legitimate Expectations in Investment Treaty Arbitration

A Theory of Detrimental Reliance

Teerawat Wongkaew

• Publisher: Cambridge University Press
• Year: 2019
• Print ISBN: 9781108474283
• eBook ISBN: 9781108586054
• Topic: Law
• Subtopic: International Law
• Index: Law

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.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Dedication
• Contents
• Foreword
• Preface
• Table of Cases
• List of Abbreviations
• Part I Why Do We Need a Theory of Legitimate Expectations?
• Part II What Is the Theory of Legitimate Expectations?
• Part III Application of the Reliance Theory of Legitimate Expectations
• Bibliography
• Index