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

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Joerg Kammerhofer (Albert-Ludwigs-Universitat Freiburg, Germany)

International Investment Law and Legal Theory

Expropriation and the Fragmentation of Sources

Joerg Kammerhofer (Albert-Ludwigs-Universitat Freiburg, Germany)

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English

Cambridge University Press
06 May 2021

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. Joerg 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: Joerg Kammerhofer (Albert-Ludwigs-Universitat Freiburg Germany)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 155mm, Spine: 25mm
Weight: 700g
ISBN: 9781108839174
ISBN 10: 1108839177
Series: Cambridge Studies in International and Comparative Law
Pages: 376
Publication Date: 06 May 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Introduction; 2. Customary international law; 3. Investment precedents; 4. Treaty interpretation; 5. Doctrinal scholarship; 6. The regulatory expropriation conundrum; 7. Expropriation: a new beginning; 8. Expropriation reconstructed.

Joerg 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).