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International Investment Law and Legal Theory - Expropriation and the Fragmentation of Sources (Hardcover)
Loot Price: R2,835
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International Investment Law and Legal Theory - Expropriation and the Fragmentation of Sources (Hardcover)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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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
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.
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