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Cultural heritage and international investment law: a stormy relationship

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Cultural heritage and international investment law: a stormy relationship. / Vadi, Valentina.
In: International Journal of Cultural Property, Vol. 15, No. 1, 02.2008, p. 1-24.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Harvard

Vadi, V 2008, 'Cultural heritage and international investment law: a stormy relationship', International Journal of Cultural Property, vol. 15, no. 1, pp. 1-24. https://doi.org/10.1017/S094073910808003X

APA

Vancouver

Vadi V. Cultural heritage and international investment law: a stormy relationship. International Journal of Cultural Property. 2008 Feb;15(1):1-24. doi: 10.1017/S094073910808003X

Author

Vadi, Valentina. / Cultural heritage and international investment law : a stormy relationship. In: International Journal of Cultural Property. 2008 ; Vol. 15, No. 1. pp. 1-24.

Bibtex

@article{59ecb22979eb4ecabeff4f6a6ae08503,
title = "Cultural heritage and international investment law: a stormy relationship",
abstract = "This paper investigates the relationship between international investment law and the protection of cultural heritage. Two questions arise in this connection. First, are investment agreements compatible with states' obligations to protect cultural heritage? Second, if internal measures aimed at protecting cultural heritage can be challenged by foreign investors, is mixed arbitration a suitable forum to protect public interests Indeed, it seems that the regime established according to investment treaties does not strike an appropriate balance between the different interests concerned. After giving a brief look at the legal framework protecting foreign investments, the conflict areas between investment treaty provisions and national cultural policies are explored through an empirical analysis of the recent arbitral jurisprudence concerning cultural heritage. This paper holds that jurisprudential balancing may not provide an adequate protection to cultural heritage; thus, cultural exceptions should be included in investment agreements.",
keywords = "cultural heritage, International investment law, arbitration",
author = "Valentina Vadi",
year = "2008",
month = feb,
doi = "10.1017/S094073910808003X",
language = "English",
volume = "15",
pages = "1--24",
journal = "International Journal of Cultural Property",
issn = "0940-7391",
publisher = "Cambridge University Press",
number = "1",

}

RIS

TY - JOUR

T1 - Cultural heritage and international investment law

T2 - a stormy relationship

AU - Vadi, Valentina

PY - 2008/2

Y1 - 2008/2

N2 - This paper investigates the relationship between international investment law and the protection of cultural heritage. Two questions arise in this connection. First, are investment agreements compatible with states' obligations to protect cultural heritage? Second, if internal measures aimed at protecting cultural heritage can be challenged by foreign investors, is mixed arbitration a suitable forum to protect public interests Indeed, it seems that the regime established according to investment treaties does not strike an appropriate balance between the different interests concerned. After giving a brief look at the legal framework protecting foreign investments, the conflict areas between investment treaty provisions and national cultural policies are explored through an empirical analysis of the recent arbitral jurisprudence concerning cultural heritage. This paper holds that jurisprudential balancing may not provide an adequate protection to cultural heritage; thus, cultural exceptions should be included in investment agreements.

AB - This paper investigates the relationship between international investment law and the protection of cultural heritage. Two questions arise in this connection. First, are investment agreements compatible with states' obligations to protect cultural heritage? Second, if internal measures aimed at protecting cultural heritage can be challenged by foreign investors, is mixed arbitration a suitable forum to protect public interests Indeed, it seems that the regime established according to investment treaties does not strike an appropriate balance between the different interests concerned. After giving a brief look at the legal framework protecting foreign investments, the conflict areas between investment treaty provisions and national cultural policies are explored through an empirical analysis of the recent arbitral jurisprudence concerning cultural heritage. This paper holds that jurisprudential balancing may not provide an adequate protection to cultural heritage; thus, cultural exceptions should be included in investment agreements.

KW - cultural heritage

KW - International investment law

KW - arbitration

U2 - 10.1017/S094073910808003X

DO - 10.1017/S094073910808003X

M3 - Journal article

VL - 15

SP - 1

EP - 24

JO - International Journal of Cultural Property

JF - International Journal of Cultural Property

SN - 0940-7391

IS - 1

ER -