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The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration

Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSNChapter (peer-reviewed)peer-review

Published

Standard

The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration. / Vadi, Valentina.
The Inherent Rights of Indigenous Peoples in International Law. ed. / Antonietta Di Blase; Valentina Vadi. Rome: Roma Tre Press, 2020. p. 203-251.

Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSNChapter (peer-reviewed)peer-review

Harvard

Vadi, V 2020, The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration. in A Di Blase & V Vadi (eds), The Inherent Rights of Indigenous Peoples in International Law. Roma Tre Press, Rome, pp. 203-251. <http://romatrepress.uniroma3.it/libro/the-inherent-rights-of-indigenous-peoples-in-international-law/>

APA

Vadi, V. (2020). The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration. In A. Di Blase, & V. Vadi (Eds.), The Inherent Rights of Indigenous Peoples in International Law (pp. 203-251). Roma Tre Press. http://romatrepress.uniroma3.it/libro/the-inherent-rights-of-indigenous-peoples-in-international-law/

Vancouver

Vadi V. The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration. In Di Blase A, Vadi V, editors, The Inherent Rights of Indigenous Peoples in International Law. Rome: Roma Tre Press. 2020. p. 203-251

Author

Vadi, Valentina. / The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration. The Inherent Rights of Indigenous Peoples in International Law. editor / Antonietta Di Blase ; Valentina Vadi. Rome : Roma Tre Press, 2020. pp. 203-251

Bibtex

@inbook{a65be30aeb8044aca0adf226cc18d826,
title = "The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration",
abstract = "The protection of cultural heritage is a fundamental public interest that isclosely connected to fundamental human rights and is deemed to be amongthe best guarantees of international peace and security. Economic globalizationand international economic governance have spurred a more intense dialogueand interaction among nations—potentially promoting cultural diversity andproviding the funds to recover and preserve cultural heritage. However, thesephenomena can also jeopardise cultural heritage. Foreign direct investments inthe extraction of natural resources have the potential to change cultural landscapes and erase memory, and foreign investments in the cultural industries can induce cultural homogenization. In parallel, international investment law constitutes a legally binding and highly effective regime that demands that states promote and facilitate foreign direct investment. Does the existing legal framework adequately protect indigenous cultural heritage vis-{\`a}-vis the economic interests of foreign investors? This chapter aims to address this question by examining recent arbitrations and proposing legal tools to foster a better balance between economic and cultural interests in international investment law and arbitration.",
author = "Valentina Vadi",
year = "2020",
month = feb,
day = "1",
language = "English",
isbn = "9788832136920",
pages = "203--251",
editor = "{Di Blase}, Antonietta and Valentina Vadi",
booktitle = "The Inherent Rights of Indigenous Peoples in International Law",
publisher = "Roma Tre Press",

}

RIS

TY - CHAP

T1 - The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration

AU - Vadi, Valentina

PY - 2020/2/1

Y1 - 2020/2/1

N2 - The protection of cultural heritage is a fundamental public interest that isclosely connected to fundamental human rights and is deemed to be amongthe best guarantees of international peace and security. Economic globalizationand international economic governance have spurred a more intense dialogueand interaction among nations—potentially promoting cultural diversity andproviding the funds to recover and preserve cultural heritage. However, thesephenomena can also jeopardise cultural heritage. Foreign direct investments inthe extraction of natural resources have the potential to change cultural landscapes and erase memory, and foreign investments in the cultural industries can induce cultural homogenization. In parallel, international investment law constitutes a legally binding and highly effective regime that demands that states promote and facilitate foreign direct investment. Does the existing legal framework adequately protect indigenous cultural heritage vis-à-vis the economic interests of foreign investors? This chapter aims to address this question by examining recent arbitrations and proposing legal tools to foster a better balance between economic and cultural interests in international investment law and arbitration.

AB - The protection of cultural heritage is a fundamental public interest that isclosely connected to fundamental human rights and is deemed to be amongthe best guarantees of international peace and security. Economic globalizationand international economic governance have spurred a more intense dialogueand interaction among nations—potentially promoting cultural diversity andproviding the funds to recover and preserve cultural heritage. However, thesephenomena can also jeopardise cultural heritage. Foreign direct investments inthe extraction of natural resources have the potential to change cultural landscapes and erase memory, and foreign investments in the cultural industries can induce cultural homogenization. In parallel, international investment law constitutes a legally binding and highly effective regime that demands that states promote and facilitate foreign direct investment. Does the existing legal framework adequately protect indigenous cultural heritage vis-à-vis the economic interests of foreign investors? This chapter aims to address this question by examining recent arbitrations and proposing legal tools to foster a better balance between economic and cultural interests in international investment law and arbitration.

M3 - Chapter (peer-reviewed)

SN - 9788832136920

SP - 203

EP - 251

BT - The Inherent Rights of Indigenous Peoples in International Law

A2 - Di Blase, Antonietta

A2 - Vadi, Valentina

PB - Roma Tre Press

CY - Rome

ER -