Book Description
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Author : Valentina Vadi
Publisher : Cambridge University Press
Page : 379 pages
File Size : 11,57 MB
Release : 2014-03-13
Category : Law
ISBN : 1107038480
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Author : Pierre-Marie Dupuy
Publisher : Oxford University Press
Page : 646 pages
File Size : 26,42 MB
Release : 2009
Category : Law
ISBN : 0199578184
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author : Francesco Francioni
Publisher :
Page : 280 pages
File Size : 44,16 MB
Release : 2013-06-06
Category : Law
ISBN : 0199680248
Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.
Author : Yannick Radi
Publisher : Cambridge University Press
Page : 581 pages
File Size : 18,18 MB
Release : 2020-10-29
Category : Law
ISBN : 1107102103
Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.
Author : Stephan W. Schill
Publisher : Oxford University Press
Page : 922 pages
File Size : 37,16 MB
Release : 2010-10-14
Category : Law
ISBN : 0199589100
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author : Antonietta Di Blase
Publisher : Roma TrE-Press
Page : 331 pages
File Size : 22,23 MB
Release : 2020-02-24
Category : Law
ISBN : 8832136929
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0
Author : Francesco Francioni
Publisher : Oxford University Press, USA
Page : 1088 pages
File Size : 11,31 MB
Release : 2020
Category : Cultural property
ISBN : 9780191892295
This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Author : Alessandro Chechi
Publisher :
Page : 385 pages
File Size : 36,79 MB
Release : 2014
Category : Law
ISBN : 0198703996
The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported art objects. Another set of controversies has involved the protection of immovable cultural heritage. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may be settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.
Author : Lucas Lixinski
Publisher : OUP Oxford
Page : 295 pages
File Size : 47,71 MB
Release : 2013-06-13
Category : Law
ISBN : 0199679509
Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.
Author : Catharine Titi
Publisher : Oxford University Press
Page : 225 pages
File Size : 40,61 MB
Release : 2021
Category : Law
ISBN : 0198868006
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.