Valentina Vadi

Bruno de Witte

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Culture and International Economic Law

Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the 'clash of cultures' between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.

Public Health in International Investment Law and Arbitration

Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

Cultural Heritage in International Investment Law and Arbitration

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals' use of the concepts of proportionality and reasonableness to review the compatibility of a state's regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations.This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

In War and Peace, Valentina Vadi investigates Alberico Gentili’s contribution to the development of the early modern law of nations. Gentili discussed issues that remain topical today, including the clash of civilizations, the conduct of war, and the maintenance of peace.

Alberico Gentili and the Early Modern Law of Nations

War and Peace

Antonietta Di Blase (jurist.)

Valentina Sara), Vadi (jurist.)

The Inherent Rights of Indigenous Peoples in International Law

Hildegard E. G. S. Schneider

In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.

Valentina Vadi

Books

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