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

Expropriation is a controversial issue in international investment law, and this is the first study to provide a detailed analysis of its norm-theoretical dimension. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the law's structure, critiquing the arguments for a single expropriation norm based on custom, interpretation, and arbitral precedents. His approach demonstrates that both cosmopolitan and sovereigntist arguments are largely political, not legal, and will help scholars understand the application of theory to investment law and specialists to improve their arguments.

Format: Paperback / softback
Length: 390 pages
Publication date: 12 October 2023
Publisher: Cambridge University Press

Here is the rephrased text:

Expropriation is a contentious issue in international investment law, and this groundbreaking study is the first to delve into its norm-theoretical dimension. It offers a comprehensive analysis of the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer skillfully combines a doctrinal discussion with a theoretical exploration of the law's structure in this area, employing a novel approach that critically re-evaluates existing case-law and writings. His approach challenges 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. By demonstrating that both cosmopolitan and sovereigntist arguments are largely political rather than legal, his innovative work will greatly assist scholars in comprehending the application of theory to investment law and enable specialists in the field to strengthen their arguments.

Weight: 582g
Dimension: 153 x 229 x 24 (mm)
ISBN-13: 9781108984539