Cultural heritage's significance in international investment law and policy is critically examined, with Valentina Vadi exploring its current relevance and potential implications. The book delves into the intersection of cultural preservation and investment practices, questioning how legal frameworks can better integrate cultural considerations into economic decisions, ultimately advocating for a more holistic approach to investment that respects and protects cultural heritage.
In the age of economic globalisation, the significance of art and heritage is increasingly questioned. Once the realm of elitist scholars, the governance of cultural heritage has become a pivotal issue in international law, drawing the attention of a diverse array of stakeholders, including academics, policy-makers, museum curators, collectors, and human rights activists. Key topics explored include the return of cultural artefacts to rightful owners, the recovery of underwater heritage, and the protection of artistic expressions. The intersections of art, cultural heritage, and the market raise complex ethical and legal dilemmas that reflect intricate global relationships. Questions arise about the treatment of art as distinct from other goods, the implications of discovering looted works in museums, the legal frameworks governing these issues, and the fate of ancient shipwrecks filled with objects from former colonies. Should such items remain with the finders or be returned to their countries of origin? This work delves into these pressing questions, emphasizing the intricate relationship between legal and ethical considerations in cultural governance, while also incorporating interdisciplinary perspectives.
The book explores the tension between state regulations designed to protect public health and foreign investment treaties, which often prioritize investor rights over regulatory authority. It examines the implications of investment treaty tribunals having extensive decision-making power in regulatory disputes, raising concerns among scholars and practitioners. By analyzing the role of public health in international investment law and policy, the book seeks to clarify its significance and relevance in contemporary legal frameworks.
Focusing on the tension between state regulation and the protection of foreign private property, this book explores the role of comparative reasoning in investment treaty arbitration. It examines how analogies can influence the interpretation of broad treaty provisions and addresses the legitimacy of investor-state arbitration. By proposing a systematic method for making comparisons, the author seeks to enhance understanding of investment law and its implications for public goods, while also outlining the limitations of such comparative approaches.
