| Summary, etc |
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. In-depth analysis of the links between international investment law and cultural policies furthers the discourse on global governance and strengthens the growing recognition of the importance of effective protection of cultural heritage for peaceful relations among nations Systematic mapping of the relevant investor-state arbitrations provides policy-makers, arbitrators, stakeholders and the public at large with a complete survey of the existing arbitral case law concerning cultural elements Investigates whether and how culture can be mainstreamed in international investment policy, and proposes legal methods to reconcile these different values both de lege lata (i.e. interpreting the existing legal instruments) and de lege ferenda (amending the existing law or proposing the adoption of different legal provisions) |
