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Cultural Heritage in International Investment Law and Arbitration
By (author)
Valentina Vadi
Genres:
International economic & trade law, International arbitration, Cultural studies, Public international law, Financial law
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Synopsis
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. New & Used
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What Reviewers Are Saying
'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 'Aside from the wealth of information as well as the quality of its analysis, the book of Professor Vadi covers a gap in the relevant literature. Indeed, apart from a limited number of studies focusing on aspects of the relation between cultural heritage and international investment law, there has been no in-depth study, and the book remains the sole comprehensive contribution to the subject.' Panayotis M. Protopsaltis, Journal of International Arbitration