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Research On The Protection Of Cultural Heritage Under The Perspective Of The International Investment Law

Posted on:2015-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:J HeFull Text:PDF
GTID:2296330452467566Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of international investment, significant financial resourcesand technology should be devoted to countries and regions of the world, not onlypromotes economic and technological development of the States concerned, but alsofor the entire world economic growth and international division of labor andcooperation have played an important role.However, as the host country of thecultural heritage and public interests, and in the course of international investmentactivities in the new era, in large part, on challenges and constantly under attack. Ourcultural heritage is not only a country, but also host the international investment, aswell as a large exporting country. In the interests of foreign investors and the hostcountry’s cultural heritage protection was a conflict of interest, are unable to stay outof it.How to balance the interests of foreign investors and host countries conflictsbetween public interests? And how to protect the cultural heritage of the host country?The Governments are facing with a dilemma. Comprehensive analyses throughseveral major cases, respectively, the international investment arbitration and theprotection of cultural heritage of the host country measures related to perfect, whichother countries ’ experiences in cultural heritage protection work, and work forChina’s cultural heritage protection after some new revelation.This paper is divided into six parts, the first chapter is an introduction. Chapter IIis the current interests of foreign investors and host country cultural heritageconservation research and analysis on conflict of interest, for the protection ofcultural heritage from the perspective of international investment law is difficult toreason to sum up. Chapter is illustrated by three typical cases of international culturalheritage protection of interests of the host country at a disadvantage in internationalinvestment arbitration court, and ADR mechanisms and periodic protection measures.Fourth chapter, we set out to perfect the international investment law under the viewof cultural heritage protection measures. The fifth chapter is the revelation to China.That in view of international investment law under several main legal issues inChina’s cultural heritage protection and cultural heritage protection in China of afour-point proposal. The final chapter is the conclusion.
Keywords/Search Tags:Cultural Heritage, International Investment, ICISD, Measures, Revelation
PDF Full Text Request
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