A Study On Media-Related Investment Disputes

The current research on international investment law on the topic of cultural diversity is fasten to the investment disputes of cultural heritage protection,but paid less attention to the investment disputes arising from host countries control measures on transnational media or network compaanies.Actually,the balance between the boundaries of the host countries,cultural policy and expressing freedom of investors,as revealed by such disputes,contains richer and more complex content,so it is an important perspective to observe the relationship between cultural diversity protection and the liberalization and facilitation of international investment.In view of this,this paper attempts to take the existing cases involving media-related investment disputes as a sample to carry out a preliminary study of this kind of disputes.Certainly,due to the small number of research samples and most tribunals haven't carried out substantive elaboration on cultural issues,there must be some shortcomings in this paper's argument.Except to the introduction and conclusion,the full text consists of three chapters,the structure is as follows:Chapter 1 gives an overview of media-related investment disputes.Firstly,the author introduces the concept of media-related investment disputes in detail,indicating that it is an important part of cultural diversity disputes.Then points out that media-related investment disputes can be divided into three basic types:publishing activities disputes,motion picture,video and television programme production,sound recording and music publishing activities disputes and programming and broadcasting activities disputes.Then explain its cultural,media-related and social characteristics.Chapter 2 focuses on the analysis of relevant issues in the arbitration of media-related investment dispute cases,introducing the current basic situation and characteristics of these cases from the empirical point of view,stating the application of main investment treatment clauses which involved in media-related investment disputes based on the most representative Lemire v.Ukraine case and combined with other congeneric cases.Chapter 3 discusses around "cultural exception" and host countries' cultural regulatory authority,the core theoretical issues contained in media-related investment disputes.On one hand,the author introduces the rule of "cultural exception" in international economic contacts;on the other hand,the author uses "cultural rights-cultural sovereignty"as an analytical tool to explain the operation logic of the host country's cultural regulatory authority and its balance between media investors'cultural rights.In addition,it tries to search the normative paths of host countries'cultural regulatory authority from the perspective of legitimacy and rationality,in order to face the growth trend of media investment disputes more safely.