CEU Electronic Theses and Dissertations, 2017
| Author | Beridze, Tamuna |
|---|---|
| Title | The legitimate expectation requirement under fair and equitable treatment standard in investment treaty arbitration on environmental permitting decisions in mining awards |
| Summary | Legitimate expectations are being invoked in most investment disputes before the arbitral tribunals. However nowadays, there is no uniform practice of what would constitute the breach of legitimate expectations, or what are the sources which fully guarantee the reliance on the promised, indicated, stated commitments. The predictability of the mentioned commitments becomes more unreliable and vague in the fast-changing policies of the countries. Especially when the environmental protection policies are acknowledged more and more on the everyday bases. The goal of this paper is to examine what are requirements on which the investors can rely to have legitimate expectation. The argument which is developed is that unless the commitments made by the host countries are not in writing the investors have a very high threshold to prove that they could rely on the legitimate expectations. The paper uses comparative analyses of the investment dispute cases which have invoked environmental protection under mining permitting licenses. |
| Supervisor | Jessica Charles Lawrence |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/beridze_tamuna.pdf |
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