International investment law and legal theory : expropriation and the fragmentation of sources

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書誌事項

International investment law and legal theory : expropriation and the fragmentation of sources

Jörg Kammerhofer

（Cambridge studies in international and comparative law, 158）

Cambridge University Press, 2021

  • : hardback

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注記

Includes bibliographical references and index

Summary: "If there is still doubt that the fragmentation of international law is very real, one need only take a look at the International Court of Justice's (ICJ) 2007 and 2010 judgments in Ahmadou Sallo Diallo.1 In that case, the Court pointedly ignored the very closely interwoven customary international law on the protection of foreigners and their property abroad and the treaty-based investment law and arbitral case-law. In its 2007 judgment on preliminary objections, it 'note[d] that, in contemporary international law, the protection of the rights of companies . . . [is] essentially governed by bilateral or multilateral agreements for the protection of foreign investments'"-- Provided by publisher

内容説明・目次

内容説明

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. Joerg 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.

目次

  • 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.

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