The 'Culture of Balancing' of International Investment Law - Cultural Interests and Investors' Interests in International Investment Treaties and Arbitration

Transnational Dispute Management, Vol.10(5) (2013 Forthcoming)

Grotius Centre Working Paper 2013/014-IEL

Leiden Law School Research Paper Forthcoming

14 Pages Posted: 18 Nov 2013

See all articles by Yannick Radi

Yannick Radi

University of Louvain (UCL) - School of Law

Date Written: April 17, 2013

Abstract

This article claims that international investment law (IIL) strikes balances of interests that evidence the taking into account of cultural interests and leave an undeniable regulatory space to states to enact measures aiming at the protection/promotion of cultural heritage.

To argue this claim, the article first highlights the ‘culture-investment conflict of interests’ by analyzing the nature and specificities of cultural interests in relation to the concept of cultural heritage. It then proceeds with a discussion of the current case-law that illustrates the ‘sensitiveness’ of IIL to cultural interests. More prospectively, the article finally assesses the ways to foster the ‘sensitiveness’ of IIL to cultural heritage in light of the new generation of international investment agreements. Moving from the ‘culture-investment conflict of interests’, it concludes with some remarks on the conflicts between cultural interests and other public interests and how IIL could come into play to tame these conflicts that take place within the ‘box’ of the public interest.

Keywords: International investment law; international investment agreements; investment arbitration; cultural heritage

Suggested Citation

Radi, Yannick, The 'Culture of Balancing' of International Investment Law - Cultural Interests and Investors' Interests in International Investment Treaties and Arbitration (April 17, 2013). Transnational Dispute Management, Vol.10(5) (2013 Forthcoming), Grotius Centre Working Paper 2013/014-IEL , Leiden Law School Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=2355923

Yannick Radi (Contact Author)

University of Louvain (UCL) - School of Law ( email )

University of Louvain (UCL) - School of Law
Place Montesquieu 2
Ottignies-Louvain-la-Neuve, 1348
Belgium

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
224
Abstract Views
1,065
Rank
254,851
PlumX Metrics