Legitimate Expectations and Fair-and-Equitable-Treatment under the Energy Charter Treaty

A recent tide of ISDS cases in the renewable energy sector has generated a large number of arbitral awards that turn of the notion of legitimate expectations. The Fair and Equitable Treatment Standard (FET) and the notion of legitimate expectations has been highly undetermined in the past. This work contains a comprehensive analysis of the renewable energy awards and the interpretation of the notion of legitimate expectations therein. In particular, it is examined whether arbitral jurisprudence formed a cohesive body of caw-law. The author analyses which aspects with regard to commitment by the states, due diligence of the investors, and level of impact were considered a violation of the FET Standard by recent arbitral tribunals.

ARBITRATION JUDICIARY – NEW QUALITY OF DISPUTE RESOLUTION

Arbitration judiciary, often referred to as arbitration, is commonly presented in the literature as one of the alternative methods of dispute resolution. The objections to the irregularities of the judicial state system and legitimate expectations in terms of reducing the time and costs of the proceedings guarantee the parties real access to court and protection of their rights by drawing up an arbitration clause. As part of the mutual relations of arbitration with respect to alternative dispute resolution methods, it should be emphasized that arbitration is a real alternative to the state justice administered by the common courts. It is also worth pointing to the possibilities and the need for disputes resolution by arbitration constituting as an important addition to the course of justice made by courts. The consistent intention to resolve the conflict reflected in the arbitration agreement and the exceptional opportunities for the parties to participate in the arbitration proceedings constitute a new content of the culture and legal awareness of citizens and the creation of modern mutual relations between the parties of broadly understood civil law relations. An arbitration clause, the implementation of arbitration proceedings and the resolution of a dispute within the framework of arbitration may and should therefore constitute a new quality in the administration of justice.

Legal Certainty

Legal certainty is considered in the paper not only as one of the general principles of law and one of the requirements of the Rule of Law, but also as a fundamental feature and condition of the significance of law and its instrumental value in general. In this regard, the definitions of the Rule of Law conception and the lists of its components proposed by Western philosophers and theorists of law and by the Venice Commission are analyzed. Elements of the principle of legal certainty such as legislation and case law accessibility, legal acts’ predictability, principles of case law unity, legitimate expectations, res judicata, the European concept of autonomous interpretation and the American doctrine of uncertainty of law are covered. By analyzing and synthesizing theoretical concepts of the principle of legal certainty, the practice of its interpretation and application by European and national courts, the connections between it and other general principles of law (in particular – principles of legality and reasonableness), this principle plays a key role in the Rule of Law implementation in the national legal system.

Investor Due Diligence and Legitimate Expectations

This article examines the significance of investor due diligence in the context of a claim that a host State has breached its obligation to provide fair and equitable treatment (FET). Despite increasing reliance on due diligence exercises, there are considerable differences in how tribunals understand and use such exercises. These differences are related to different visions of the function and future of international investment law. After exploring the different approaches that are taken, this article will argue that the most coherent approach is to treat investor due diligence as merely a technique for assessing investor reasonableness and prudence, rather than a strict requirement.

Pushing the Boundaries: A Tentative Taxonomy of Money in New Zealand Private Law

This article seeks to define the boundaries of money in the context of proprietary taxonomy in New Zealand. It suggests that the traditional legal concept of money exclusively based on state issued (fiat) currency is dated, as does not accommodate the near-universal use of bank money in commercial transactions, nor the recent technological changes introduced by virtual currencies. As long as something functions as a means of payment and the holder has the right to exchange it for legal tender, the divide between mutually agreed payment obligations into those made on the base of fiat currencies and those not, becomes artificial. In providing responses to similar commercial arrangements and parties' legitimate expectations, not only coins and banknotes, but also balances held by customers in banking institutions, foreign money, and digital currencies, should qualify as money for private law purposes.

IMPLEMENTACIJA KVALITETA U SISTEMU MENADžMENTA JAVNIH USLUGA

The work and work of public administration should strive to continuously improve the quality of its services, as well as to improve the overall quality of public administration as an organization. It is necessary to constantly set new goals and gradually, over time, get closer to those goals. In this way, the effectiveness and efficiency of the organization, that is, the entire system, would be improved. The new concept of management in public administration should improve the functioning of the public sector, which means that administrative bodies operate in accordance with the legitimate expectations of the users of their services. This paper presents a review of the current state of eGovernment and eServices that local governments in Serbia provide to citizens and the economy, from the aspect of service providers on the one hand and service users on the other. The author intends to point out the areas in which there is room for improvement, but also the challenges that local governments face every day in their work. The contribution of the paper is in the theoretical presentation of the importance of the implementation of quality management systems in public service management systems in order to improve them.

Why and Where to Fund Carbon Capture and Storage

This paper puts forward two claims about funding carbon capture and storage. The first claim is that there are moral justifications supporting strategic investment into CO2 storage from global and regional perspectives. One argument draws on the empirical evidence which suggests carbon capture and storage would play a significant role in a portfolio of global solutions to climate change; the other draws on Rawls’ notion of legitimate expectations and Moellendorf’s Anti-Poverty principle. The second claim is that where to pursue this strategic investment poses a morally non-trivial problem, with considerations like near-term global distributive justice and undermining legitimate expectations favouring investing in developing regions, especially in Asia, and considerations like long-term climate impacts and best uses of resources favouring investing in the relatively wealthy regions that have the best prospects for successful storage development.

Should Have Known

This chapter argues that there are cases in which a subject, S, should have known that p, even though, given her state of evidence at the time, she was in no position to know it. In particular, S should have known that p when (i) another person has, or would have, legitimate expectations regarding S’s epistemic condition, (ii) the satisfaction of these expectations would require that S knows that p, and (iii) S fails to know that p. I argue that these three conditions are sometimes jointly satisfied. There are (at least) two main sources of legitimate expectations regarding another’s epistemic condition: participation in a legitimate social practice; and moral and epistemic expectations more generally. In developing my position on this score, I will have an opportunity (i) to contrast practice-generated entitlements to expect with epistemic reasons to believe; (ii) to compare the “should have known” phenomenon with the phenomenon of culpable ignorance; and finally (iii) to suggest the bearing of the “should have known” phenomenon to epistemology itself.