Cultural Heritage in International Investment Law and Arbitration

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Social Science
Cover of the book Cultural Heritage in International Investment Law and Arbitration by Valentina Vadi, Cambridge University Press
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Author: Valentina Vadi ISBN: 9781139862097
Publisher: Cambridge University Press Publication: March 13, 2014
Imprint: Cambridge University Press Language: English
Author: Valentina Vadi
ISBN: 9781139862097
Publisher: Cambridge University Press
Publication: March 13, 2014
Imprint: Cambridge University Press
Language: English

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.

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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.

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