THE DOCTRINE OF LEGITIMATE EXPECTATIONS: INTERNATIONAL LAW, COMMON LAW AND LESSONS FOR HONG KONG.

A legitimate expectation is said to arise as a result of a promise, a representation, a practice or a policy made, adopted or announced by or on behalf of a government or a public authority. Even in the absence of a contractual or substantive right, a legitimate expectation may enable an individual to seek legal redress which makes the legitimate expectation a key principle in a number of domestic and international legal orders. First, this article presents the concept of legitimate expectations in its broader context with the objective to define in different (and sometimes overlapping) legal orders. The source of the concept in each legal order shall be briefly discussed. Second, this article focuses on invoking the concept of legitimate expectations in bringing judicial review proceedings before a Hong Kong court and an investment arbitration dispute before an international arbitral tribunal. Great effort was made to identify and compare the discrepancies of the concept in the two legal orders. In particular, the analysis seeks to conclude whether international investment law or domestic public law provides a broader notion of the concept in favour of the suing party. Third, in light of the contexts, it was concluded to which the concept applies. Finally, the article demonstrates that the concept of legitimate expectations under international law applies a wider notion of that than in the domestic judicial review proceedings. However, having acknowledged the wide and divergent socio-legal considerations of domestic public law and international investment law, this article concludes that whether an applicant is more strategic to launch a judicial review proceeding or an international investment arbitration is based on the facts of each particular case. [ABSTRACT FROM AUTHOR]