Teerawat Wongkaew

Protection of Legitimate Expectations in Investment Treaty Arbitration (eBook, ePUB)

A Theory of Detrimental Reliance

• Format: ePub

Produktbeschreibung

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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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 14. Februar 2019
• Englisch
• ISBN-13: 9781108661713
• Artikelnr.: 55264939

Autorenporträt

Teerawat Wongkaew is a legal officer at the Department of Treaties and Legal Affairs, Ministry of Foreign Affairs, Thailand. His current practices focus on treaty-making and public international laws issues, in particular, international investment law, international humanitarian law and the laws of international organizations. He was previously Legal Adviser at the Department of International Economic Affairs of Thailand, involved with the negotiations of bilateral and regional investment treaties as well as free trade agreements and investment treaty disputes. He earned degrees in Law with French Law and Master of Law (LL.M.) from University College London. In 2016, he completed his Ph.D. study at the Graduate Institute of International and Development Studies, Geneva. He worked as a legal consultant at International Investment Agreement Division, United Nations Conference on Trade and Development (UNCTAD).

Inhaltsangabe

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.