Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Christmas and New Year Closing

We are now closed for the Christmas and New Year period, reopening on Friday 3rd January 2025. Orders placed during this time will be processed upon our return on 3rd January.

Hide this message

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


ISBN13: 9781108825061
Published: August 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £30.99
Hardback edition , ISBN13 9781108474283



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
International Investment Law, Arbitration and Alternative Dispute Resolution
Contents:
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