Thesis Title:
The inconsistency in The International Centre for Settlement of Investment Disputes decisions: An Analysis of the use of the Legitimate expectations principle by ICSID tribunals.
Abstract:
This thesis will discuss the reasons for the inconsistency in ICSID tribunal decisions in arbitration disputes. The most common reason behind the inconsistency in ICSID decisions was the inconsistency in using international law principles. The most interesting international principle was the legitimate expectations principle, as it was used in most ICSID decisions. Therefore, the thesis aimed to discover where this principle came from, the thesis found out that the principle was used and developed by English courts and UK judicial reviews. Many countries such as Singapore, Australia and Canada used the principle in their courts and judicial reviews, so the thesis wanted to discover why they used it and why this principle is important, the answer was that it is a basic principle of fairness.
Using the legitimate expectations principle by international courts means that the principle is accepted by the international community as an international principle, so it was interesting to know how the legitimate expectation principle became an international law principle, and why international courts, tribunals, and judges use it. The principles seem to be accepted in the international community, which raises a series of questions: why they are accepted? where they come from? and how the consensus on the principles emerges?. This research will, therefore, be an invaluable resource to discover how such a principle becomes an international law principle and is applied to all nations around the world.
