Culture: The Creator and the Creation of International Investment Law
Conference paper: UNESCO World Heritage Between Education and Economy. A Legal Analysis 27-28 October 2016 Ravenna, School of Law
24 Pages Posted: 22 Mar 2019
Date Written: October 27, 2016
A civilisation cannot exist without culture. It would sound like a truism if it wasn’t for the legal lack of acknowledgment of this fact. Although military and even economic threats justify emergency exemptions to treaty obligations, culture tends to be perceived as less important, along with environmental concerns or social responsibility. Given the significance of cultural heritage, the questions arise about the extent to which the protection of this heritage constitutes a fundamental duty of a host state and whether vague provisions are used as a veil for the mistreatment of foreign investments. By referring to a range of state intervention (normative, administrative and judicial actions) and cultural goods (tangible and intangible, already protected and aspiring to be enlisted), I analyse cases from Poland and South Africa. I try to find the equilibrium between the perception of culture as an object of international investment law, to be weighed against other considerations, and as a constituent factor crucial to a state’s identity and substance.
Keywords: investment arbitration, cultural herigate, rule of law
JEL Classification: K33
Suggested Citation: Suggested Citation