International Investment Law and Legal Theory (Cambridge Studies in International and Comparative Law, Series Number 158) - Softcover

Kammerhofer, Jörg

Softcover

ISBN 10: 1108984533 ISBN 13: 9781108984539

Publisher: Cambridge University Press, 2023

Synopsis

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.

About this title

About the Author

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).

Edition details

• Publisher: Cambridge University Press
• Publication date: 2023
• Language: English
• ISBN 10: 1108984533
• ISBN 13: 9781108984539
• Binding: Paperback
• Number of pages: 392