館藏書目查詢 > 書目資料
借閱次數 :

Protection of legitimate expectations in investment treaty arbitration:a theory of detrimental reliance

  • 點閱:6
  • 評分:0
  • 評論:0
  • 引用:0
  • 轉寄:0


轉寄 列印
第1級人氣樹(0)
人氣指樹
  • 館藏
  • 簡介
  • 作者簡介
  • 推薦序文
  • 收藏(0)
  • 評論(0)
  • 評分(0)
  • 引用(0)

'The book develops a reliance-based theory of legitimate expectations and articulates a normative framework for adjudication of cases for breach of the fair and equitable treatment standard. In this regard, the book has theoretical and practical relevance to the investment treaty arbitration community. The book takes an interdisciplinary approach based on moral philosophy to the complex issue of protection of legitimate expectations, which has so far been approached mostly from a formalist perspective. The reliance theory of legitimate expectations offers penetrative insights into the doctrinal structure and assists arbitral tribunals and counsels in adjudicating complex cases for breach of fair and equitable treatment standard. The proposed Guidelines for application of the principle of legitimate expectations offers a concrete framework for applying the doctrine to solve practical issues, which should provide more clarity and certainty to the law over time. The reliance theory of legitimate expectations will serve as a conceptual map for tribunals and legal counsels in the navigation of the legal landscape of legitimate expectations'-- |c Provided by publisher. 'The book develops a reliance-based theory of legitimate expectations and articulates a normative framework for adjudication of cases for breach of the fair and equitable treatment standard. In this regard, the book has theoretical and practical relevance to the investment treaty arbitration community. The book takes an interdisciplinary approach based on moral philosophy to the complex issue of protection of legitimate expectations, which has so far been approached mostly from a formalist perspective. The reliance theory of legitimate expectations offers penetrative insights into the doctrinal structure and assists arbitral tribunals and counsels in adjudicating complex cases for breach of fair and equitable treatment standard. The proposed Guidelines for application of the principle of legitimate expectations offers a concrete framework for applying the doctrine to solve practical issues, which should provide more clarity and certainty to the law over time. The reliance theory of legitimate expectations will serve as a conceptual map for tribunals and legal counsels in the navigation of the legal landscape of legitimate expectations'--Provided by publisher.


內容簡介來源:

Ontents


 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.

此功能為會員專屬功能請先登入
此功能為會員專屬功能請先登入
此功能為會員專屬功能請先登入
此功能為會員專屬功能請先登入


本文的引用網址: 

書架附近的資料 :

借這本書的人也借過下面這些書 :