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Cultural Heritage in International Investment Law and Arbitration (Hardcover)
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Cultural Heritage in International Investment Law and Arbitration (Hardcover)
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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.
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