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Book Review Jörg Kammerhofer, International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources, Cambridge: Cambridge University Press 2021, 366 pp, 95,00 £, ISBN 9781108839174

BuchbesprechungDr. Gábor HajduZÖR 2022, 459 Heft 2 v. 10.6.2022

International investment law is a relatively new field of legal science. This field has several unique characteristics, which in turn lead to several unique issues. Scholarship on the subject is thus rather varied (not to mention jurisprudence), though a sort of scholarly orthodoxy still managed to emerge in the field. This orthodoxy includes a number of ideas and viewpoints that are agreed on by most researchers in the field. Using expropriation as his monograph’s particular focus, the author addresses the traditional views of this scholarly orthodoxy through his writing, subverting the commonly assumed-to-be-correct tenets of the field through a precise, methodological dissection, that also extends into a sort of reconstruction in some facets, engaging with the “pure theory of law" concept in the process. International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources is thus indubitably a significant work in the field of international investment law. In more than three hundred pages, the author built up a comprehensive overview of not just expropriation, but also wider issues plaguing international investment law. Most notably among these, the issue of source fragmentation. However, this book is not a mere compilation of existing studies and theories of investment law. It engages with its subject matter in a highly critical perspective, offering the readers fresh ideas and insight. It devoted significant attention to offering critique of the methods commonly used by international legal scholars and demonstrating how the “pure theory of law" can be used as a basis of operation for legal doctrinal scholarship.

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