Cultural Heritage in International Economic Law

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.

• AcknowlegdementsList of AbbreviationsTable of CasesIntroduction1 Aims and Objectives of the Book2 The Centrality of the Economics-and-Culture Debate in International Law3 The State of the Art4 Methodology5 Chapter PlanPART 1: Cultural Heritage, Trade and Foreign Direct Investment: Defining and Connecting the Fields1 Cultural Heritage in International Law1 Introduction2 Defining Cultural Heritage2.1 Culture2.2 Heritage2.3 Cultural Heritage3 The Various Categories of Heritage3.1 World Heritage3.2 Underwater Cultural Heritage3.3 Intangible Cultural Heritage3.4 Cultural Diversity3.5 Indigenous Cultural Heritage4 A Multipolar Cultural Heritage Law4.1 National v. International4.2 Public v. Private4.3 Mandatory v. Voluntary Approaches5 Cultural Governance as a Battlefield5.1 Tangible v. Intangible Heritage5.2 Toward a More Democratic and Bottom-up Heritage Governance5.3 Pragmatism v. Idealism5.4 Substantive Overreach and Procedural Underachievement?5.5 Heritagization – Heritage v. Humanity?6 Cultural Heritage as a Human Rights Issue7 Conclusions2 International Economic Law1 Introduction2 Content, Aims and Objectives of International Economic Law3 The Sources of International Economic Law4 State Sovereignty and International Economic Law5 The Settlement of International Economic Disputes5.1 The Main Features of Investor–State Arbitration5.2 The Main Features of the WTO Dispute Settlement Mechanism5.3 Converging Divergences6 The ‘Legitimacy Crisis’ of International Economic Law7 Final Remarks3 Connecting the Fields1 Introduction2 The Linkage Issue3 Protectionist Cultural Policies v. Efficient Regulation?4 Global Cultural Governance by International Economic Courts?5 The Settlement of Heritage-Related International Economic Disputes6 ConclusionsPART 2: When Cultures Collide: Cultural Heritage, Trade and Foreign Direct InvestmentIntroductory Note4 Cultural Heritage in International Investment Law and Arbitration1 Introduction2 The Diaspora of Cultural Heritage-Related Disputes before Arbitral Tribunals3 The Notion of Investment4 Expropriation4.1 Direct Expropriation4.2 Indirect Expropriation5 Compensation Claims6 Fair and Equitable Treatment6.1 Legitimate Expectations6.2 International Law as a Source of Legitimate Expectations6.3 A New Tool to Enforce International Cultural Heritage Law?7 Full Protection and Security8 Non-Discrimination8.1 Direct Discrimination8.2 Indirect Discrimination8.3 Positive Measures9 Performance Requirements10 Critical Assessment11 Conclusions5 Cultural Heritage in International Trade Law1 Introduction2 The Theory of Comparative Advantage3 Non-Discrimination3.1 Direct and Indirect Discrimination3.2 The Likeness Test3.3 Legitimate Distinctions?4 Quantitative Restrictions5 National Treasures of Artistic, Historic or Archaeological Value5.1 Aim, Scope and Content of Article XX( f )5.2 The 1970 UNESCO Convention5.3 The Linkage between Article XX( f ) and the 1970 UNESCO Convention6 Public Morals6.1 Defining Public Morals6.2 Case Studies6.3 Morality and Trade Revisited7 The Security Exception8 Intellectual Property8.1 Copyright and Culture8.2 Geographical Indications8.3 Traditional Knowledge9 Agriculture10 Conclusion6 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes1 Introduction2 Converging Divergences between the Two Fields3 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes4 Distinguishing Cultural Protection from Cultural Protectionism5 Mainstreaming Cultural Heritage in International Economic Law6 Toward Good Cultural Governance?7 The Emergence of General Principles of Law Requiring the Protection of Cultural Heritage8 Conclusions7 Challenges and Prospects1 Introduction2 De Lege Lata2.1 Negotiating Cultural Disputes2.2 Conflict and Reconciliation of Norms2.3 The Applicable Law2.4 Transnational Public Policy2.5 Treaty Interpretation3 De Lege Ferenda3.1 Cultural Exceptions3.2 Counterclaims3.3 Amici Curiae3.4 Authoritative Interpretations, Waivers and Amendments3.5 Institutional Cooperation4 ConclusionsConclusionsBibliographyIndex

“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).