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The problem of moral hazard and its implications for the protection of ‘legitimate expectations’ under the fair and equitable treatment standard

Bonnitcha, Jonathan M. (2011) The problem of moral hazard and its implications for the protection of ‘legitimate expectations’ under the fair and equitable treatment standard. Investment Treaty News Quarterly, 1 (3). p. 6.

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Abstract

While the concepts of sovereignty, human rights, the environment and the rule of law are often invoked in public debate about international investment treaties (IITs), there is relatively little discussion of the economic effects of such treaties.[1] One of the most powerful legal protections provided by IITs is the protection of foreign investor’s ‘legitimate expectations’ under fair and equitable treatment (FET) provisions, which are common to most IITs. This article draws on economic theory—specifically, the notion of moral hazard—to elucidate some of the problems with broader interpretations of the doctrine of legitimate expectations.

Item Type: Article
Official URL: http://www.iisd.org/itn/
Additional Information: © 2011 International Institute for Sustainable Development
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 24 Jan 2013 08:39
Last Modified: 08 Jun 2020 23:16
URI: http://eprints.lse.ac.uk/id/eprint/48103

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