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.

List of contents

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.

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).

Summary

Expropriation is a hotly debated issue in international investment law. This book applies the insights of legal theory to analyse expropriation clauses in investment treaties, clarifying what expropriation is and how to apply the unspecific prescriptions in investment agreements.

Product details

• Authors: Joerg (Albert-Ludwigs-Universitat Fre Kammerhofer, Jörg Kammerhofer
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 30.09.2023
• EAN: 9781108984539
• ISBN: 978-1-108-98453-9
• No. of pages: 390
• Series: Cambridge Studies in International and Comparative Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / International, International Law, Jurisprudence & general issues, Jurisprudence and general issues, Private International Law & Conflict Of Laws, International economic & trade law, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, Public international law: economic and trade, Private international law and conflict of laws