The Protection of Cultural Heritage in International Investment Law
Protecting cultural heritage has arisen as an aspect of international investment law as a result of conflicts between the legitimate interests of foreign investors and those of host states. However, there are no international investment law regulations to govern when measures a host state takes to p...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2021-12-01
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| Series: | Public and Private International Law Bulletin |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/80FE913068A34F6AA97A9CD4B9DB377F |
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| author | Hümeyra Zeynep Nalçacıoğlu Erden |
| author_facet | Hümeyra Zeynep Nalçacıoğlu Erden |
| author_sort | Hümeyra Zeynep Nalçacıoğlu Erden |
| collection | DOAJ |
| description | Protecting cultural heritage has arisen as an aspect of international investment law as a result of conflicts between the legitimate interests of foreign investors and those of host states. However, there are no international investment law regulations to govern when measures a host state takes to protect its cultural heritage for the public interest affect the rights of a foreign investor. Moreover, the main aim of international investment law is to protect the foreign investments in host states, and protecting the cultural heritage of the host state is not a priority. It is necessary to examine whether international investment law encompasses regulations on protecting the cultural heritage when a host state takes protective measures that affect foreign investments. Therefore, this study entails analyzing first the international regulations on cultural heritage and then awards related to cultural heritage in investment law; relevant international standards of investment protection principles are examined and discussed in the context of current regulations in current investment treaties. |
| format | Article |
| id | doaj-art-ea6d5cb39c85401abed52d74b119ba70 |
| institution | OA Journals |
| issn | 2667-4114 |
| language | English |
| publishDate | 2021-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Public and Private International Law Bulletin |
| spelling | doaj-art-ea6d5cb39c85401abed52d74b119ba702025-08-20T02:27:05ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142021-12-0141282787310.26650/ppil.2021.41.2.947833123456The Protection of Cultural Heritage in International Investment LawHümeyra Zeynep Nalçacıoğlu Erden0https://orcid.org/0000-0002-3144-4259İstanbul 29 Mayıs Üniversitesi, İstanbul, TürkiyeProtecting cultural heritage has arisen as an aspect of international investment law as a result of conflicts between the legitimate interests of foreign investors and those of host states. However, there are no international investment law regulations to govern when measures a host state takes to protect its cultural heritage for the public interest affect the rights of a foreign investor. Moreover, the main aim of international investment law is to protect the foreign investments in host states, and protecting the cultural heritage of the host state is not a priority. It is necessary to examine whether international investment law encompasses regulations on protecting the cultural heritage when a host state takes protective measures that affect foreign investments. Therefore, this study entails analyzing first the international regulations on cultural heritage and then awards related to cultural heritage in investment law; relevant international standards of investment protection principles are examined and discussed in the context of current regulations in current investment treaties.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/80FE913068A34F6AA97A9CD4B9DB377Finternational investment lawthe world cultural heritage conventioncultural heritageinternational investment treatiesthe regulatory powers of the host state |
| spellingShingle | Hümeyra Zeynep Nalçacıoğlu Erden The Protection of Cultural Heritage in International Investment Law Public and Private International Law Bulletin international investment law the world cultural heritage convention cultural heritage international investment treaties the regulatory powers of the host state |
| title | The Protection of Cultural Heritage in International Investment Law |
| title_full | The Protection of Cultural Heritage in International Investment Law |
| title_fullStr | The Protection of Cultural Heritage in International Investment Law |
| title_full_unstemmed | The Protection of Cultural Heritage in International Investment Law |
| title_short | The Protection of Cultural Heritage in International Investment Law |
| title_sort | protection of cultural heritage in international investment law |
| topic | international investment law the world cultural heritage convention cultural heritage international investment treaties the regulatory powers of the host state |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/80FE913068A34F6AA97A9CD4B9DB377F |
| work_keys_str_mv | AT humeyrazeynepnalcacıogluerden theprotectionofculturalheritageininternationalinvestmentlaw AT humeyrazeynepnalcacıogluerden protectionofculturalheritageininternationalinvestmentlaw |