Economic progress versus cultural preservation: insights from ‘cultural heritage in international economic law’

Document Type

Article

Publication Date

5-22-2024

https://doi.org/10.1093/jiel/jgae019

Abstract

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. This book is intended to fill the gap in legal scholarship by conducting a thorough analysis of cultural heritage cases that have been resolved in international economic courts, including claims brought before the World Trade Organization (WTO) Dispute Settlement Mechanism (DSM) and investment treaty arbitral tribunals, respectively. Vadi’s basic premise, although intuitive, has not been thoroughly analyzed in legal scholarship previously. She surmises that innate legal and structural challenges may hinder the protection of cultural heritage and the promotion of economic development. The underlying question she seeks to answer is whether safeguarding cultural heritage can truly coexist with promoting economic development within the framework of international law. Her hypothesis guiding this interrogation is providently simple: reconciling economic and cultural interests is possible if development encompasses wide-ranging concepts, including economic growth, human flourishing, and cultural elements.

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