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Nature, culture and sustainable development in international trade law

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Published
Publication date1/01/2014
Host publicationEnvironmental Protection and Sustainable Development from Rio to Rio+20
EditorsMalgosia Fitzmaurice, Stefania Negri, Sandrine Maljean-Dubois
PublisherMartinus Nijhoff Publishers/ Brill Academic
Pages353-377
Number of pages25
ISBN (print)9789004282902
<mark>Original language</mark>English

Publication series

NameQueen Mary Studies in International Law
Volume15
ISSN (Print)1877-4822

Abstract

Culture influences, and is influenced by, development. While sociologists have pointed out that certain cultures may hinder economic development vis-à-vis others which are more conducive to economic growth, economists have highlighted that the rational and sustainable use of a state's natural and cultural resources can lead to sustainable development. What role can international law play in connecting nature, culture and development? How are international courts and tribunals adjudicating 'culturenature-and-development'-related disputes? While the linkage between economic development and the protection of natural and cultural heritage is by no means new, this chapter approaches this well-known theme from a new perspective by focusing on international trade law. The protection of cultural and natural heritage has intersected with international trade law determining interesting clashes between culture and nature on the one hand, and free trade and economic development on the other. The key question of this study is whether international trade law has embraced a pure international economic culture or if, on the other hand, it is open to encapsulating cultural and natural concerns in its modus operandi.