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| Reinterpretation of the Fair and Equitable Treatment in International Investment Disputes Involving Cultural Elements under“One Belt, One Road”Initiative–From the Perspective of Lemire Case |
| Sun Wen, Qiu Xinyi |
| Law School, Nanjing University, Nanjing 210093, China |
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Abstract In the implementation of the “Belt & Road” Initiative, international investment disputes involving cultural elements is faced with complicated legal environment and a mechanism in the countries along the Belt and Road are to be constructed to solve the disputes in international investment in the cultural field. As the investment is of both the cultural and economic distributes, there are unavoidable conflicts between the protection of the national culture of the hosting countries and the economic interest of the investors in international cultural investment and arbitration. Lemire Case is a typical international investment case involving protection of cultural value with the adaption of the “Fair and Equitable” Treatment. The reinterpretation on the “Fair and Equitable” Treatment and the liability for violating the principle in Lemire Case is of significance to solve the legal issues in the relevant disputes involving cultural elements.
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2019, Vol. 21 
