Chapter

Legitimate Expectations and Informal Administrative Representations

Hector A. Mairal

in International Investment Law and Comparative Public Law

Published in print October 2010 | ISBN: 9780199589104
Published online January 2011 | e-ISBN: 9780191595455 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199589104.003.0013
Legitimate Expectations and Informal Administrative Representations

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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

Chapter.  19399 words. 

Subjects: Constitutional and Administrative Law

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