Title
International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources (Cambridge Studies in Internationa,Used
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Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its normtheoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jrg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically reevaluates existing caselaw 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.
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