Toward a Lex Administrativa Culturalis? The Adjudication of Cultural Disputes Before Investment Arbitral Tribunals

Cultural phenomena are governed at national, regional and international levels; and a multiplicity of courts and tribunals adjudicate disputes with cultural elements. Against this background, this study addresses the key question as to whether a lex administrativa culturalis or cultural administrative law has emerged, characterized by the coalescence of consistent narratives, emerging rules and patterns of behaviors by relevant intra-national, national, supranational administrative bodies and private actors. In particular, this study hypothesizes the emergence of a lex administrativa culturalis investigating the distinct interplay between the protection of cultural heritage and the promotion of economic activities in investment treaty arbitration.