The 'Culture of Balancing' of International Investment Law - Cultural Interests and Investors' Interests in International Investment Treaties and Arbitration
Article from: TDM 5 (2013), in Art and Heritage Disputes in International and Comparative Law
Introduction
This article argues that there is no normative conflict between IIL and international cultural law, but a conflict between the cultural interest of host states and the interest of foreign investors ( the culture-investment conflict of interests ) instead. Beyond, this article puts forth, and aims at shedding light on, the 'sensitiveness' of IIL to cultural heritage, i.e. the fact that the conventional granting of rights to foreign investors does not result in a regulatory chill with respect to the protection/promotion of cultural heritage. At the core of this claim lies the fact ...