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Legitimate Expectations and Informal Administrative Representations

Hector A. Mairal

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0013
Subject:
Law, Constitutional and Administrative Law, Public International Law

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 ... More


Legal Certainty and Legitimate Expectations

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0018
Subject:
Law, EU Law, Constitutional and Administrative Law

The connected concepts of legal certainty and legitimate expectations are to be found in many legal systems, although their precise legal content may vary. These concepts are used in a number of ... More


From Exception to Orthodoxy? The Theory in Action

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines a number of areas where courts have made decisions which touch upon the key issues examined in this book. This chapter considers whether these decisions provide support for the ... More


Quasi-Normative Non-Law

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0009
Subject:
Law, Public International Law

This chapter is the first ever doctrinal consideration of quasi-normative non-law in systemic perspective. This study is limited to analysing the categories of quasi-normative non-law in terms of ... More


Legitimate Expectations in Administrative Law

Soren Schønberg

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299479
eISBN:
9780191685705
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299479.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the first systematic study of the principle of ‘legitimate expectations’ in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has ... More


Introduction

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0001
Subject:
Law, Constitutional and Administrative Law

Section I tries to identify some of the hallmarks of legitimate expectations, as a general concept, and to say something as to how it might be contrasted from the concept of reasonable expectations. ... More


Public-Private Partnerships: Award, Performance, and Remedies

Catherine Donnelly

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0015
Subject:
Law, Constitutional and Administrative Law, Public International Law

Relying on a comparison of the United Kingdom, the United, the EU, and France, this chapter considers whether, and to what extent, there are common approaches in the policies and practices across ... More


Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law

Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter discusses fair and equitable treatment as one of the core concepts of international investment protection. It suggests that the jurisprudence of investment tribunals on fair and ... More


Actual Situations in which the FET Standard has been Applied

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0006
Subject:
Law, Public International Law

The FET standard may not be given a fixed content since it is a standard; therefore it is through its application to individual cases that it acquires content. An alternative method, therefore, for ... More


“But the Earth Abideth For Ever”: Obligations to Future Generations

Mathias Risse

in On Global Justice

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691142692
eISBN:
9781400845507
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691142692.003.0009
Subject:
Philosophy, Political Philosophy

This chapter proposes a framework that makes it possible to consider future generations explicitly and presents two future-directed obligations of justice. It argues for a principle of ... More


Procedural Protection of Legitimate Expectations

Søren J. Schønberg

in Legitimate Expectations in Administrative Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299479
eISBN:
9780191685705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299479.003.0003
Subject:
Law, Constitutional and Administrative Law

In the previous chapter, it was argued that public law should, primarily for reasons of fairness and trust in administration, protect legitimate expectations created by administrative decisions, ... More


Principles of Treaty Interpretation: Meaning and Function

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0002
Subject:
Law, Public International Law

This chapter examines the meaning and function of principles of treaty interpretation in general international law. Customary international law on treaty interpretation is partly and mostly codified ... More


Legal Certainty and Legitimate Expectations

Paul Craig

in EU Administrative Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296811
eISBN:
9780191700811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296811.003.0016
Subject:
Law, EU Law

This chapter is concerned with the principles of legal certainty and legitimate expectations. It begins with a discussion on the constraints ... More


On the Legitimacy of Expectations

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0002
Subject:
Law, Constitutional and Administrative Law

Section I identifies the weaknesses in existing accounts which locate the legitimacy of expectations in underpinning laws and legal entitlements (the Law-Based Account), in the substantive justice of ... More


Administrative Liability for Frustrated Legitimate Expectations

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0004
Subject:
Law, Constitutional and Administrative Law

Section I clarifies and defends key aspects of the Liability Precept and the Secondary Duties Principle. Section II reconsiders the three idealized and illustrative modes of expectations coming into ... More


Consequentialist Grounds for the Principles of Administrative Justice

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0006
Subject:
Law, Constitutional and Administrative Law

Section I explores the possibility that the principles of administrative justice are partly grounded by the Difference Principle. Section II considers whether the administrative goods of ... More


Responsibility as Contrasted with Justice and Legitimate Authority

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0003
Subject:
Law, Constitutional and Administrative Law

Section I underscores the differences between the Justice-Based Account and the Responsibility-Based Account of the legitimacy of expectations, and tries to motivate the Responsibility-Based Account ... More


Conclusion

Søren J. Schønberg

in Legitimate Expectations in Administrative Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299479
eISBN:
9780191685705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299479.003.0008
Subject:
Law, Constitutional and Administrative Law

How and in what circumstances should English law protect expectations created by administrative decisions and administrative representations? This book has sought to answer this broad question by ... More


Principles of Equity

Aaron James

in Fairness in Practice: A Social Contract for a Global Economy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199846153
eISBN:
9780199933389
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199846153.003.0007
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This chapter elaborates and defends three basic principles of structural equity. A first requires that “losers” be compensated, in light of a proposed general conception of when a person or social ... More


On the Nature and Implementation of Administrative Liability

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0005
Subject:
Law, Constitutional and Administrative Law

Section I clarifies what ‘adequate compensation’ means in the context of the Liability Precept by appealing to the idea of special compensation. Section II tries to motivate why this level of ... More


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