Protecting Investments while Safeguarding Cultural Property in the Event of Armed Conflict

An Essential Dialogue between Fora

Authors

  • Stratis Georgilas

Abstract

...What I propose to argue is how the principal judicial organ of the UN378
may, nonetheless, adjudicate successfully, today and as the law stands, disputes
involving the protection of an investment tied up with issues of international
cultural law during or after an armed conflict. Before doing so, I intend
to briefly mention, arbitrarily no doubt, some thoughts on the effectiveness
of the World Court. I will try to prove that, notwithstanding the existence of
substantial rules, it is preferable to have justice delivered by a forum entrusted
with general jurisdiction. I shall not refer to treaties for the Peaceful Resolution
of Disputes, special agreements and forum prorogatum as jurisdictional
bases of the Court. In doing so, I propose to order my paper under three (3)
distinct headings: (i) available fora and their contribution, (ii) any role for the
World Court (?) and (iii) some concluding remarks.

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Published

2023-10-20

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Articles