The Protection of Legitimate Expectations in International Law

Basaran, Halil Rahman

Journal: San Diego International Law Journal

Volume: 25

First Page: 77

Year: 2024

Bluebook Citation: 25 SAN DIEGO INT'L L.J. 77 (2024)

Author: Halil Rahman Basaran: all 7 publications


Abstract

The argument of this Article is that international law has still not reached a stage wherein the protection of legitimate expectations can become a general principle of law. In that respect, the most favorable terrain for the protection of legitimate expectations, namely, inter-state negotiations, still largely remains outside international law. In pursuing this argument, this Article first examines the notions of national sovereignty, legal institution and inter-state boundaries. This paper then looks at the notion of general principles of law and highlights the principle of equity.

Finally, the Article discusses the Bolivia v. Chile case and places international investment law /‌ arbitration within a new perspective.

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