International Investment Law and the Protection of Cultural Heritage: Reconciling States' Obligations, Building Investors’ Duties

This chapter analyses the interaction between international investment law (IIL) and CHL, examining the obligations of States in both areas and assessing the existence of obligations bearing upon investors. Following a brief overview of States' obligations under both CHL, and IlL, the contribution will enquire into the actual and potential role of conflict rules in addressing States' conflicting obligations. In this respect, alternative paths to conflict rules will be explored in dealing with treaty obligations bearing upon States, also in the light of recent case law. Finally, by contextualising the protection of cultural heritage within the broader business and human rights debate, the rebalancing trend of international investment agreements (IlAs) will be assessed. The question will be whether and to what extent investors' obligations are emerging or should begin to emerge under IlL, as well as the potential role of “cultural heritage due diligence” in speeding up this process.