The Doctrine of Legitimate Expectations: Need for Limits
The Doctrine of Legitimate Expectations: Need for Limits
Author(s): Valeriia POIEDYNOK, Oleksandra Kolohoida, Iryna LUKACHSubject(s): Economy, Law, Constitution, Jurisprudence
Published by: ASERS Publishing
Keywords: legitimate expectations; reasonable expectations; international investment law; investor; fair and equitable treatment; transparency; stability; consistency; regulatory chill; inefficiency; investor;
Summary/Abstract: The article deals with the doctrine of legitimate expectations, which requires public authorities to respect reasonable expectations they have created with individuals, in particular, if such expectations have become the basis for investment. The jurisprudence of investment treaty tribunals and the European Court of Justice on the issue is examined. The approach of the latter is found to be preferable because of the clear limits imposed on the application of the doctrine. The options of the doctrine’s reception by Ukrainian law are considered.
Journal: Journal of Advanced Research in Law and Economics (JARLE)
- Issue Year: VIII/2017
- Issue No: 27
- Page Range: 1604-1609
- Page Count: 6
- Language: English
- Content File-PDF
