Toward a lex administrativa culturalis? The Adjudication of Cultural Disputes before Investment Arbitral Tribunals
Article from: TDM 5 (2013), in Art and Heritage Disputes in International and Comparative Law
This study focuses on the specific 'clash of cultures' between international cultural law and international investment law, and hypothesizes the emergence of cultural administrative law ( lex administrativa culturalis ). Foreign investors have increasingly claimed before investment treaty arbitral tribunals, that alleged cultural policies violate international investment law. The interplay between investors' rights and cultural heritage protection raises a number of questions. Have arbitral tribunals paid any attention to cultural heritage? Are they imposing standards of good ...