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

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Jörg Kammerhofer (Author)

9781108839174, Cambridge University Press

Hardback, published 6 May 2021

376 pages, 13 b/w illus. 3 tables
23.5 x 15.5 x 2.5 cm, 0.7 kg

'… 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

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.

Subject Areas: Private international law & conflict of laws [LBG], International economic & trade law [LBBM], International law [LB], Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA], Law [L]