Cultural Heritage in International Investment Law and Arbitration
Can states adopt protectionist cultural policies? What are the limits, if any, to state intervention in cultural matters? A wide variety of cultural policies may interfere with foreign investments, and a tension therefore exists between the cultural policies of the host state and investment treaty provisions. In some cases, foreign investors have claimed that cultural policies have negatively affected their investments, thereby amounting to a breach of the relevant investment treaty. This study maps the relevant investor-state arbitrations concerning cultural elements and shows that arbitrators have increasingly taken cultural concerns into consideration in deciding cases brought before them, eventually contributing to the coalescence of general principles of law demanding the protection of cultural heritage.
- Electronic book text
- 18 Mar 2014
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
Table of contents
1. Cultural heritage in international law; 2. International investment law; 3. The World Heritage and foreign direct investment; 4. Underwater cultural heritage and foreign direct investment; 5. Cultural diversity, intangible heritage and foreign direct investment; 6. Indigenous cultural heritage and foreign direct investment; 7. Investing in culture.
'Vadi tells the story of how non-legal (economic) considerations could benefit from taking into account more of the law in this area, alongside its well-established values ... equipped with a wonderfully rich set of cases ... [this volume] will be influential in shaping the field for years to come.' Lucas Lixinski, Netherlands International Law Review 'Through thought-provoking scenarios and forward-looking proposals, Vadi encourages the improvement of cultural governance. She clarifies the current status of public international law on the subject and presents valuable and clearly explained tools that are now at the disposal of investment arbitrators, practitioners, public officials, diplomats and researchers.' Sebastian Green Martinez, Israel Law Review
About Valentina Vadi
Valentina Vadi is an Associate Professor in International Economic Law at Lancaster University. She was previously an Emile Noel Fellow at the Jean Monnet Centre for International and Regional Economic Law, New York University, and a Marie Curie Fellow at Maastricht University. Her main areas of research are in international economic law and international cultural law.