The “Culture of Balancing” of International Investment Law – Cultural and Private Interests in International Investment Agreements and Arbitration

Radi, Yannick
(2013) TDM Transnational Dispute Management — Vol. 5, n° octobre, p. 1-11 (2013)

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This article argues that there is no normative conflict between IIL and international cultural law, but a conflict between the cultural interest of host states and the interest of foreign investors ( the culture-investment conflict of interests ) instead. Beyond, this article puts forth, and aims at shedding light on, the 'sensitiveness' of IIL to cultural heritage, i.e. the fact that the conventional granting of rights to foreign investors does not result in a regulatory chill with respect to the protection/promotion of cultural heritage. At the core of this claim lies the fact ...
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Radi, Y. (2013). The “Culture of Balancing” of International Investment Law – Cultural and Private Interests in International Investment Agreements and Arbitration. TDM Transnational Dispute Management, 5(octobre), 1-11. https://hdl.handle.net/2078.5/127967 (Original work published 2013)