International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources: 158 (Cambridge Studies in International and Comparative Law, Series Number 158)
Cambridge University Press, 5/6/2021
EAN 9781108839174, ISBN10: 1108839177
Hardcover, 376 pages, 22.9 x 15.2 x 2.2 cm
Language: English
Originally published in English
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.
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.