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Vol 21 No 10 Oct/Nov 2016

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Cultural Heritage in International Investment Law and Arbitration


ISBN13: 9781316603475
Published: April 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 214)
Price: £31.99
Hardback edition , ISBN13 9781107038486



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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.

Subjects:
Arbitration and Dispute Resolution
Contents:
1. Cultural heritage in international law
2. International investment law
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. Indigenous cultural heritage and foreign direct investment
7. Investing in culture.