The author argues that governing historical towns in comlyance with all the international legal instruments devoted to the protection of cultural heritage may give rise to political or economic conflicts among the different actors involved. The clash between private interests and the public nature of the interest to protect historic towns emerges from State practice and international jurisprudence. In the case Parkerings Compagniet AS v. Lithuania the ICSID arbitral tribunal confirmed that the protection of the historic town’s heritage and landscape in accordance with international law is so important to justify the termination of a contract concluded with a foreign investor, even if this meant the violation of treaty obligations
Enforcing International Heritage Law to Protect Historic Towns
LANCIOTTI, Alessandra
2018
Abstract
The author argues that governing historical towns in comlyance with all the international legal instruments devoted to the protection of cultural heritage may give rise to political or economic conflicts among the different actors involved. The clash between private interests and the public nature of the interest to protect historic towns emerges from State practice and international jurisprudence. In the case Parkerings Compagniet AS v. Lithuania the ICSID arbitral tribunal confirmed that the protection of the historic town’s heritage and landscape in accordance with international law is so important to justify the termination of a contract concluded with a foreign investor, even if this meant the violation of treaty obligationsI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
