Cultural Heritage in International Investment Law and Arbitration
Book Details
Author(s)Valentina Vadi
PublisherCambridge University Press
ISBN / ASIN1107038480
ISBN-139781107038486
AvailabilityNot yet published
Sales Rank612,051
MarketplaceUnited States 🇺🇸
Description
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.



