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Research On The Principle Of Investors’ Legitimate Expectation In Fet Standard

Posted on:2022-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2506306476478564Subject:International Law
Abstract/Summary:PDF Full Text Request
With the increasing trend of economic globalization and world economic integration and the rapid development of international investment,there are more and more disputes between investors and host countries.In recent years,the principle of legitimate expectation of investors has been repeatedly mentioned as an important factor to judge whether the host country violates the FET standard.At present,no matter in bilateral or multilateral investment agreements,the principle of legitimate expectation of investors is often limited to the indirect expropriation clause,and it is rarely mentioned in the FET clause,that is,in legislation,there is a lack of provisions on the principle of investor’s legitimate expectation in the FET standard.In practice,due to the fact that the determination of investors’ legitimate expectation principle by the arbitral tribunal is "not available",different arbitral tribunals have different understanding of the same issue,and some of the determination even conflicts.The problems in legislation and practice also lead to the criticism of judicial authority and challenge the rule of law.In this context,it is urgent to improve the investors’ legitimate expectation principle from the rule level.Using the research paradigm and unique research approach of dogmatics of law,this paper studies and analyzes the theoretical and practical problems of the principle of investors’ legitimate expectation,and puts forward some suggestions to improve the principle,which is very necessary to promote the standardized application of the principle.This paper consists of four parts.The first part of the introduction describes the background,significance,research status at home and abroad,research ideas,research methods and innovation of this paper.The second part expounds the general theoretical issues of the investor’s legitimate expectation principle in the FET standard,expounds the origin and foundation of the principle in the field of international investment,and then analyzes the constituent elements of the principle on the basis of discussing the connotation of the principle.The third part is the perspective of the arbitration practice of the investor’s legitimate expectation principle in the FET standard.Combined with the typical cases in the arbitration practice,it analyzes the effectiveness,generation time,applicable conditions and applicable restrictions of the principle.In the fourth part,on the basis of the above contents,it puts forward some suggestions to improve the principle of investors’ legitimate expectation in FET standard and Its Enlightenment to China.
Keywords/Search Tags:International Investment Law, Fair and Equitable Treatment, The Principle of Legitimate Expectation of Investors
PDF Full Text Request
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