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Fragmentation or Cohesion? Investment versus Cultural Protection Rules

Fragmentation or Cohesion? Investment versus Cultural... Living by the water with a view of the opposite shore ceaselessly reminded me of my place in the world. Then one day a bridge connecting the two shores of the Bosporus was built. When I went up on the &n�e aM� �M�'eycd (� �M�Mpc, Z �M�xcd ;< [MM eMM �Mef �M� }'e< more �Ofe/}' fo �M t/tf h�o ��orM bridge and surveyed the landscape, I realized it was even better and yet more lovely ta see the two shores at once. I felt that a bridge between the two shores created the best solution ever; it enabled the possibility of communicating with each shore without completely belonging to either. This unveiled the finest scenery of all.2 2 INTRODUCTION The relationship between international law and international investment law has become the focus of intense legal debate since the extraordinary flourishing of investment treaties in recent years.3 Although investment treaties differ little from other international treaties, the legal regimes they create often vary from the assumptions underlying the traditional sovereign state model. Not only do these legal regimes provide for investment treaty arbitration which constitutes a major departure from customary international law, but they also set privileged norms within http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Fragmentation or Cohesion? Investment versus Cultural Protection Rules

Journal of World Investment and Trade , Volume 10 (4): 28 – Jan 1, 2009

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190009X00312
Publisher site
See Article on Publisher Site

Abstract

Living by the water with a view of the opposite shore ceaselessly reminded me of my place in the world. Then one day a bridge connecting the two shores of the Bosporus was built. When I went up on the &n�e aM� �M�'eycd (� �M�Mpc, Z �M�xcd ;< [MM eMM �Mef �M� }'e< more �Ofe/}' fo �M t/tf h�o ��orM bridge and surveyed the landscape, I realized it was even better and yet more lovely ta see the two shores at once. I felt that a bridge between the two shores created the best solution ever; it enabled the possibility of communicating with each shore without completely belonging to either. This unveiled the finest scenery of all.2 2 INTRODUCTION The relationship between international law and international investment law has become the focus of intense legal debate since the extraordinary flourishing of investment treaties in recent years.3 Although investment treaties differ little from other international treaties, the legal regimes they create often vary from the assumptions underlying the traditional sovereign state model. Not only do these legal regimes provide for investment treaty arbitration which constitutes a major departure from customary international law, but they also set privileged norms within

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2009

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