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International Investment Law and Comparative Public Law$
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Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

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Legitimate Expectations and Informal Administrative Representations

Legitimate Expectations and Informal Administrative Representations

Chapter:
(p.413) 13 Legitimate Expectations and Informal Administrative Representations
Source:
International Investment Law and Comparative Public Law
Author(s):

Hector A. Mairal

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199589104.003.0013

The protection of legitimate expectations arising from government conduct is an important doctrine in some European legal systems and in investment arbitration. This chapter deals with legitimate expectations that arise from informal administrative representations, such as advice given to a private party or statements of intention or of future policies. It discusses the main differences in the use of the doctrine in EU and national law and in investment arbitration, and explores relations between the protection of legitimate expectations and doctrines such as estoppel and venire contra factum proprium. In comparing the protection of legitimate expectations arising from a formal act or contract with those arising from an informal representation, the main requirements in order for an expectation arising from an informal representation to be protected are discussed. Finally, some observations are offered on the special rules that govern their protection, for example in respect of compensation.

Keywords:   legitimate expectations, informal administrative representations, estoppel, venire contra factum proprium, reasonableness, reliance, remedies, host State, conduct, investor

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