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

See all articles by Marcin Menkes

Marcin Menkes

Warsaw School of Economics (SGH) - Department of Finance and Management

Date Written: October 27, 2016

Abstract

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

Menkes, Marcin J., Culture: The Creator and the Creation of International Investment Law (October 27, 2016). Conference paper: UNESCO World Heritage Between Education and Economy. A Legal Analysis 27-28 October 2016 Ravenna, School of Law, Available at SSRN: https://ssrn.com/abstract=3344614 or http://dx.doi.org/10.2139/ssrn.3344614

Marcin J. Menkes (Contact Author)

Warsaw School of Economics (SGH) - Department of Finance and Management ( email )

Warsaw
Poland

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