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Cultural Heritage in International Investment Law and Arbitration
About this book
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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Information
Table of contents
- Cover
- Half-title page
- Title page
- Copyright page
- Dedication
- Contents
- Foreword
- Preface
- Acknowledgements
- Table of Instruments
- Table of Cases
- Abbreviations
- Cultural heritage in international investment law and arbitration
- Part I Cultural heritage and foreign direct investments: defining and connecting the two fields
- 1 Cultural heritage in international law
- 2 International investment law
- Part II When cultures collide: cultural heritage and foreign direct investment
- 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 When cultures collide: Foreign direct investment, natural resources and indigenous heritage in international investment law
- Part III Investing in culture
- 7 Investing in culture
- Conclusions
- Bibliography
- Index