USD $173.00
Cultural Heritage in International Economic Law
Author:
Can cultural heritage be adequately protected vis-à-vis economic globalization? This book investigates whether and how international economic law governs cultural phenomena by mapping the relevant legal framework, discussing the relevant disputes concerning cultural elements adjudicated before international economic ‘courts’ (namely the World Trade Organization adjudicative bodies and investment treaty arbitral tribunals), and proposing legal methods to reconcile cultural and economic interests. It thus provides a comprehensive evaluation of possible solutions, including evolution of the law through treaty interpretation and reforms, to improve the balance between economic governance and cultural policy objectives.
Valentina Vadi, Ph.D. (2009) and M.Res. (2005), European University Institute, M.Jur. (2004), University of Oxford, is an Adjunct Professor at the University of Florence. She has published monographs, edited books, and authored many articles on cultural heritage.
“Valentina Vadi's book is an excellent contribution to academic scholarship at the intersection of culture and economics within the context of international law. To date, this comprehensive study is
the first of its kind to explore the connection between international cultural heritage law and international economic law….Vadi’s achievement in this book is notable, especially as a pioneering effort in this field. The book's most significant contribution lies in the introduction of a distinct approach to understanding the tensions between international economic law and international cultural heritage law. Overall, this book is
a brilliant contribution to the literature on international law, emphasizing the fundamental public interest in protecting cultural heritage.”
-Emily Behzadi Cárdenas in Journal of International Economic Law, 2024, 27, 386-391
“ [C]aptivates the reader by weaving the conversations from the introduction to its conclusion using simple and comprehensible language and maintaining a central theme. In unpacking the analysis, an explorative and analytical methodology is adopted, and it engages in literature that transcends the field of culture, economics, and law. It is enriched by the depth of case laws examined. This book will be useful for legal academics and scholars, researchers, students, (international) adjudicators, cultural heritage experts, political and social scientists, economists, and policy makers. Moreso, at a time where world events have brought to the fore conversations which centre on the fragmentation and intersectionality of international law, this book is timely as it draws attention to the need for researchers to consider a re-focus of research on intersectionality of international law viz-a-viz the lens of international economic law and international cultural heritage law.”
-Suzzie Onyeka Oyakinre, in African Journal of International Economic Law, 2024, 4, 145-150
“[A] must-read for those interested in exploring this topical subject from the perspective of international economic law….Vadi's contribution stands out for her comprehensive examination of their convergence and conflicts. She navigates the intricacies and future prospects within intersection of trade and investment concerning the preservation of cultural heritage and sheds light on the nuanced dynamics influencing the distinct domains of investment law, trade law, and cultural heritage law within the broader landscape of international legal studies. The book offers distinct yet interconnected contributions to the existing literature, transcending traditional disciplinary boundaries to explore a multifaceted area of inquiry situated at the nexus of culture, economics, and law. Beyond its substantive engagement with ongoing discussions on the coherence and fragmentation of international law, the book makes a substantial contribution to the discourse on legitimacy of institutions governing international economic law. Consequently, this book occupies a unique and valuable position in existing literature…. a forward-thinking work addressing a pressing concern within the context of economic globalization.”
-Jingxia Shi, in Journal of World Investment & Trade, 2024, 25, 277-294
“Vadi boldly charts many pathways that can lead toward a more mutually supportive interaction between international economic and cultural law and toward mainstreaming of cultural heritage in international economic law. Adoption of her suggestions could contribute to a process of fragmentation of public international law and a more harmonious international legal order….With its rich, comprehensive, and insightful analysis, Vadi helps us understand the institutional, structural, and legal differences between cultural and economic law, and provides the necessary tools to make the linkages between them to protect cultural heritage for us and future generations.”
-Mira Burri, in The American Journal of International Law, 2024, 118(4), 780-786
“[V]entures beyond the frontiers of cultural heritage law and international economic law….she embraces these fields holistically, delving into the legal sources of cultural heritage law as well as World Trade Organisation (WTO) law and investment arbitral tribunals’ case law. She finely knits these together in a monograph that has as a fil rouge a systematic view of international law that defies excessive specialization.”
-Martina Magnarelli in International Journal of Cultural Property (2025), 1–5
"Valentina Vadi’s study is a clear and thoughtfully argued investigation on how the promotion of trade and investment legal regimes deals with the protection of cultural heritage. It highlights many of crucial challenges posed by globalisation in these fields of international law. It also sheds light on the possibility of mutual supportiveness between the promotion of economic development and the safeguarding of cultural heritage, by offering analytical arguments and legal tools for fostering such linkage....[The] book is a timely and valuable contribution to the current discourse on global governance and strengthens the growing cognisance of the importance of effective protection of cultural heritage for just, peaceful, and prosperous relations among nations."
-Sabrina Urbinati, PhD, in International Trade Law & Regulation (Int. T.L.R. 2023, 29(4), 211-213).
-Emily Behzadi Cárdenas in Journal of International Economic Law, 2024, 27, 386-391
“ [C]aptivates the reader by weaving the conversations from the introduction to its conclusion using simple and comprehensible language and maintaining a central theme. In unpacking the analysis, an explorative and analytical methodology is adopted, and it engages in literature that transcends the field of culture, economics, and law. It is enriched by the depth of case laws examined. This book will be useful for legal academics and scholars, researchers, students, (international) adjudicators, cultural heritage experts, political and social scientists, economists, and policy makers. Moreso, at a time where world events have brought to the fore conversations which centre on the fragmentation and intersectionality of international law, this book is timely as it draws attention to the need for researchers to consider a re-focus of research on intersectionality of international law viz-a-viz the lens of international economic law and international cultural heritage law.”
-Suzzie Onyeka Oyakinre, in African Journal of International Economic Law, 2024, 4, 145-150
“[A] must-read for those interested in exploring this topical subject from the perspective of international economic law….Vadi's contribution stands out for her comprehensive examination of their convergence and conflicts. She navigates the intricacies and future prospects within intersection of trade and investment concerning the preservation of cultural heritage and sheds light on the nuanced dynamics influencing the distinct domains of investment law, trade law, and cultural heritage law within the broader landscape of international legal studies. The book offers distinct yet interconnected contributions to the existing literature, transcending traditional disciplinary boundaries to explore a multifaceted area of inquiry situated at the nexus of culture, economics, and law. Beyond its substantive engagement with ongoing discussions on the coherence and fragmentation of international law, the book makes a substantial contribution to the discourse on legitimacy of institutions governing international economic law. Consequently, this book occupies a unique and valuable position in existing literature…. a forward-thinking work addressing a pressing concern within the context of economic globalization.”
-Jingxia Shi, in Journal of World Investment & Trade, 2024, 25, 277-294
“Vadi boldly charts many pathways that can lead toward a more mutually supportive interaction between international economic and cultural law and toward mainstreaming of cultural heritage in international economic law. Adoption of her suggestions could contribute to a process of fragmentation of public international law and a more harmonious international legal order….With its rich, comprehensive, and insightful analysis, Vadi helps us understand the institutional, structural, and legal differences between cultural and economic law, and provides the necessary tools to make the linkages between them to protect cultural heritage for us and future generations.”
-Mira Burri, in The American Journal of International Law, 2024, 118(4), 780-786
“[V]entures beyond the frontiers of cultural heritage law and international economic law….she embraces these fields holistically, delving into the legal sources of cultural heritage law as well as World Trade Organisation (WTO) law and investment arbitral tribunals’ case law. She finely knits these together in a monograph that has as a fil rouge a systematic view of international law that defies excessive specialization.”
-Martina Magnarelli in International Journal of Cultural Property (2025), 1–5
"Valentina Vadi’s study is a clear and thoughtfully argued investigation on how the promotion of trade and investment legal regimes deals with the protection of cultural heritage. It highlights many of crucial challenges posed by globalisation in these fields of international law. It also sheds light on the possibility of mutual supportiveness between the promotion of economic development and the safeguarding of cultural heritage, by offering analytical arguments and legal tools for fostering such linkage....[The] book is a timely and valuable contribution to the current discourse on global governance and strengthens the growing cognisance of the importance of effective protection of cultural heritage for just, peaceful, and prosperous relations among nations."
-Sabrina Urbinati, PhD, in International Trade Law & Regulation (Int. T.L.R. 2023, 29(4), 211-213).
Acknowlegdements
List of Abbreviations
Table of Cases
Introduction
1 Aims and Objectives of the Book
2 The Centrality of the Economics-and-Culture Debate in International Law
3 The State of the Art
4 Methodology
5 Chapter Plan
1 Cultural Heritage in International Law
1 Introduction
2 Defining Cultural Heritage
2.1 Culture
2.2 Heritage
2.3 Cultural Heritage
3 The Various Categories of Heritage
3.1 World Heritage
3.2 Underwater Cultural Heritage
3.3 Intangible Cultural Heritage
3.4 Cultural Diversity
3.5 Indigenous Cultural Heritage
4 A Multipolar Cultural Heritage Law
4.1 National v. International
4.2 Public v. Private
4.3 Mandatory v. Voluntary Approaches
5 Cultural Governance as a Battlefield
5.1 Tangible v. Intangible Heritage
5.2 Toward a More Democratic and Bottom-up Heritage Governance
5.3 Pragmatism v. Idealism
5.4 Substantive Overreach and Procedural Underachievement?
5.5 Heritagization – Heritage v. Humanity?
6 Cultural Heritage as a Human Rights Issue
7 Conclusions
2 International Economic Law
1 Introduction
2 Content, Aims and Objectives of International Economic Law
3 The Sources of International Economic Law
4 State Sovereignty and International Economic Law
5 The Settlement of International Economic Disputes
5.1 The Main Features of Investor–State Arbitration
5.2 The Main Features of the WTO Dispute Settlement Mechanism
5.3 Converging Divergences
6 The ‘Legitimacy Crisis’ of International Economic Law
7 Final Remarks
3 Connecting the Fields
1 Introduction
2 The Linkage Issue
3 Protectionist Cultural Policies v. Efficient Regulation?
4 Global Cultural Governance by International Economic Courts?
5 The Settlement of Heritage-Related International Economic Disputes
6 Conclusions
Introductory Note
4 Cultural Heritage in International Investment Law and Arbitration
1 Introduction
2 The Diaspora of Cultural Heritage-Related Disputes before Arbitral Tribunals
3 The Notion of Investment
4 Expropriation
4.1 Direct Expropriation
4.2 Indirect Expropriation
5 Compensation Claims
6 Fair and Equitable Treatment
6.1 Legitimate Expectations
6.2 International Law as a Source of Legitimate Expectations
6.3 A New Tool to Enforce International Cultural Heritage Law?
7 Full Protection and Security
8 Non-Discrimination
8.1 Direct Discrimination
8.2 Indirect Discrimination
8.3 Positive Measures
9 Performance Requirements
10 Critical Assessment
11 Conclusions
5 Cultural Heritage in International Trade Law
1 Introduction
2 The Theory of Comparative Advantage
3 Non-Discrimination
3.1 Direct and Indirect Discrimination
3.2 The Likeness Test
3.3 Legitimate Distinctions?
4 Quantitative Restrictions
5 National Treasures of Artistic, Historic or Archaeological Value
5.1 Aim, Scope and Content of Article XX( f )
5.2 The 1970
UNESCO
Convention
5.3 The Linkage between Article XX( f ) and the 1970
UNESCO
Convention
6 Public Morals
6.1 Defining Public Morals
6.2 Case Studies
6.3 Morality and Trade Revisited
7 The Security Exception
8 Intellectual Property
8.1 Copyright and Culture
8.2 Geographical Indications
8.3 Traditional Knowledge
9 Agriculture
10 Conclusion
6 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes
1 Introduction
2 Converging Divergences between the Two Fields
3 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes
4 Distinguishing Cultural Protection from Cultural Protectionism
5 Mainstreaming Cultural Heritage in International Economic Law
6 Toward Good Cultural Governance?
7 The Emergence of General Principles of Law Requiring the Protection of Cultural Heritage
8 Conclusions
7 Challenges and Prospects
1 Introduction
2 De Lege Lata
2.1 Negotiating Cultural Disputes
2.2 Conflict and Reconciliation of Norms
2.3 The Applicable Law
2.4 Transnational Public Policy
2.5 Treaty Interpretation
3 De Lege Ferenda
3.1 Cultural Exceptions
3.2 Counterclaims
3.3 Amici Curiae
3.4 Authoritative Interpretations, Waivers and Amendments
3.5 Institutional Cooperation
4 Conclusions
Conclusions
Bibliography
Index
List of Abbreviations
Table of Cases
Introduction
1 Aims and Objectives of the Book
2 The Centrality of the Economics-and-Culture Debate in International Law
3 The State of the Art
4 Methodology
5 Chapter Plan
PART 1: Cultural Heritage, Trade and Foreign Direct Investment: Defining and Connecting the Fields
1 Cultural Heritage in International Law
1 Introduction
2 Defining Cultural Heritage
2.1 Culture
2.2 Heritage
2.3 Cultural Heritage
3 The Various Categories of Heritage
3.1 World Heritage
3.2 Underwater Cultural Heritage
3.3 Intangible Cultural Heritage
3.4 Cultural Diversity
3.5 Indigenous Cultural Heritage
4 A Multipolar Cultural Heritage Law
4.1 National v. International
4.2 Public v. Private
4.3 Mandatory v. Voluntary Approaches
5 Cultural Governance as a Battlefield
5.1 Tangible v. Intangible Heritage
5.2 Toward a More Democratic and Bottom-up Heritage Governance
5.3 Pragmatism v. Idealism
5.4 Substantive Overreach and Procedural Underachievement?
5.5 Heritagization – Heritage v. Humanity?
6 Cultural Heritage as a Human Rights Issue
7 Conclusions
2 International Economic Law
1 Introduction
2 Content, Aims and Objectives of International Economic Law
3 The Sources of International Economic Law
4 State Sovereignty and International Economic Law
5 The Settlement of International Economic Disputes
5.1 The Main Features of Investor–State Arbitration
5.2 The Main Features of the WTO Dispute Settlement Mechanism
5.3 Converging Divergences
6 The ‘Legitimacy Crisis’ of International Economic Law
7 Final Remarks
3 Connecting the Fields
1 Introduction
2 The Linkage Issue
3 Protectionist Cultural Policies v. Efficient Regulation?
4 Global Cultural Governance by International Economic Courts?
5 The Settlement of Heritage-Related International Economic Disputes
6 Conclusions
PART 2: When Cultures Collide: Cultural Heritage, Trade and Foreign Direct Investment
Introductory Note
4 Cultural Heritage in International Investment Law and Arbitration
1 Introduction
2 The Diaspora of Cultural Heritage-Related Disputes before Arbitral Tribunals
3 The Notion of Investment
4 Expropriation
4.1 Direct Expropriation
4.2 Indirect Expropriation
5 Compensation Claims
6 Fair and Equitable Treatment
6.1 Legitimate Expectations
6.2 International Law as a Source of Legitimate Expectations
6.3 A New Tool to Enforce International Cultural Heritage Law?
7 Full Protection and Security
8 Non-Discrimination
8.1 Direct Discrimination
8.2 Indirect Discrimination
8.3 Positive Measures
9 Performance Requirements
10 Critical Assessment
11 Conclusions
5 Cultural Heritage in International Trade Law
1 Introduction
2 The Theory of Comparative Advantage
3 Non-Discrimination
3.1 Direct and Indirect Discrimination
3.2 The Likeness Test
3.3 Legitimate Distinctions?
4 Quantitative Restrictions
5 National Treasures of Artistic, Historic or Archaeological Value
5.1 Aim, Scope and Content of Article XX( f )
5.2 The 1970
5.3 The Linkage between Article XX( f ) and the 1970
6 Public Morals
6.1 Defining Public Morals
6.2 Case Studies
6.3 Morality and Trade Revisited
7 The Security Exception
8 Intellectual Property
8.1 Copyright and Culture
8.2 Geographical Indications
8.3 Traditional Knowledge
9 Agriculture
10 Conclusion
6 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes
1 Introduction
2 Converging Divergences between the Two Fields
3 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes
4 Distinguishing Cultural Protection from Cultural Protectionism
5 Mainstreaming Cultural Heritage in International Economic Law
6 Toward Good Cultural Governance?
7 The Emergence of General Principles of Law Requiring the Protection of Cultural Heritage
8 Conclusions
7 Challenges and Prospects
1 Introduction
2 De Lege Lata
2.1 Negotiating Cultural Disputes
2.2 Conflict and Reconciliation of Norms
2.3 The Applicable Law
2.4 Transnational Public Policy
2.5 Treaty Interpretation
3 De Lege Ferenda
3.1 Cultural Exceptions
3.2 Counterclaims
3.3 Amici Curiae
3.4 Authoritative Interpretations, Waivers and Amendments
3.5 Institutional Cooperation
4 Conclusions
Conclusions
Bibliography
Index
This book is of relevance for a wide audience, including but not limited to: international law scholars and practitioners, state officials, and cultural heritage experts.