International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources

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Jörg Kammerhofer (Albert-Ludwigs-Universität Freiburg, Germany)

International Investment Law and Legal Theory

Expropriation and the Fragmentation of Sources

Jörg Kammerhofer (Albert-Ludwigs-Universität Freiburg, Germany)

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English

Cambridge University Press
12 October 2023

Jurisprudence & general issues; Jurisprudence & philosophy of law; International law; International economic & trade law; Private international law & conflict of laws

Series: Cambridge Studies in International and Comparative Law

Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on custom, interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments.

By: Jörg Kammerhofer (Albert-Ludwigs-Universität Freiburg Germany)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Weight: 565g
ISBN: 9781108984539
ISBN 10: 1108984533
Series: Cambridge Studies in International and Comparative Law
Pages: 390
Publication Date: 12 October 2023
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Jörg Kammerhofer is Senior Research Fellow at the University of Freiburg, Germany, and Privatdozent for international law and legal theory at the Vienna University of Economics and Business. His publications include Uncertainty in International Law (2010), and International Legal Positivism in a Post-Modern World, co-edited with Jean d'Aspremont (Cambridge, 2014).

Reviews for International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources

'… the book shall certainly provide much food for thought, and it is the reviewer's opinion that the work could eventually achieve significant impact on the field of international investment law.' Gábor Hajdu, Austrian Journal of Public Law