Cultural Heritage in International Investment Law and Arbitration.

Print version record.

Cover; Half-title page; Title page; Copyright page; Dedication; Contents; Foreword; Preface; Acknowledgements; Table of Instruments; Table of Cases; Investment Arbitration; International; Regional; National; Abbreviations; Cultural heritage in international investment law and arbitration; Introduction; Chapter plan; Methodological framework of the book; Part I Cultural heritage and foreign direct investments: defining and connecting the two fields; 1 Cultural heritage in international law; Introduction; 1.1 Defining cultural heritage; 1.2 The legal paradigms.

1.3 The cultural property paradigm1.4 Cultural heritage as a global public good; 1.5 Human rights approaches; 1.6 Good cultural governance; 1.7 The linkage paradigm; 1.8 Culture and development; Conclusions; 2 International investment law; Introduction; 2.1 Historical background: multilateral failures and bilateral successes; 2.2 Substantive standards of protection; 2.2.1 Expropriation; 2.2.2 The sole effects doctrine and the police powers doctrine; 2.2.3 Historic preservation and the takings analysis; 2.3 The settlement of disputes between foreign investors and states.

2.4 Main procedural features of investor-state arbitration2.5 Conflicting paradigms; 2.6 The legitimacy crisis of international investment law and arbitration; Final remarks; Part II When cultures collide: cultural heritage and foreign direct investment; When cultures collide: cultural heritage and foreigndirect investment; Introduction; 3 The world heritage and foreign direct investment; Introduction; 3.1 The world heritage and its governance; 3.2 Mapping contemporary heritage policy discourse; 3.3 Cultural heritage disputes; 3.4 Expropriation claims; 3.5 Compensation claims.

3.6 Fair and equitable treatment3.7 Discrimination; 3.8 New trends; 3.9 Critical assessment; Conclusions; 4 Underwater cultural heritage and foreign direct investment; Introduction; 4.1 The concept of underwater cultural heritage; 4.2 International law and underwater archaeology; 4.3 Dispute settlement mechanisms; 4.4 International investment law as a further layer of regulation; 4.5 Critical assessment; Conclusions; 5 Cultural diversity, intangible heritage and foreign direct investment; Introduction; 5.1 Cultural diversity; 5.2 The Convention on Cultural Diversity.

5.3 Intangible cultural heritage5.4 The tension between cultural diversity, intangible heritage and economic globalization; 5.5 Fair and equitable treatment; 5.6 Discrimination; 5.7 Performance requirements; 5.8 Compensation; 5.9 Critical assessment; Conclusions; 6 When cultures collide: Foreign direct investment, natural resources and indigenous heritage in international investment law; Introduction; 6.1 The notion of indigenous cultural heritage; 6.2 The protection of indigenous cultural heritage in international law; 6.3 When cultures collide; 6.4 Expropriation claims.

6.5 Fair and equitable treatment.

Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

Includes bibliographical references and index.

English.

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