La responsabilità dello Stato per atto normativo derivante dalla violazione delle legittime aspettative dell'investitore

This paper investigates State liability arising from the violation of investor’s legitimate expectations protected under international investment treaties, due to an alteration of State’s legal framework. First, it assesses similarities and differences of this liability for normative act vis à vis the liability arising from the non-fulfilment of EU obligations; second, it compares the liability for normative act with specific torts regulated under domestic law; third, it points out aim and functioning of this liability. Finally, economic and political consequences of this liability are assessed, as well as the limitations to State’s legislative powers that it entails.