Author : Valentina Vadi
Release : 2020
Genre :
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration by : Valentina Vadi
Download or read book The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration written by Valentina Vadi. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: The protection of cultural heritage is a fundamental public interest that is closely connected to fundamental human rights and is deemed to be among the best guarantees of international peace and security. Economic globalization and international economic governance have spurred a more intense dialogue and interaction among nations -- potentially promoting cultural diversity and providing the funds to recover and preserve cultural heritage. However, these phenomena can also jeopardize cultural heritage. Foreign direct investments in the 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 arbitration and proposing legal tools to foster a better balance between economic and cultural interests in international investment law and arbitration.
