Investigating how international economic law governs the interplay between economic phenomena and the protection of cultural heritage is particularly important, timely, and topical, as only by acknowledging their common humanity and cultural diversity, may peoples overcome common challenges. Economic globalization – the increasing economic integration and interdependence of economies across the globe – has not produced a universal civilization and ‘the end of history’;1 rather, through trade, foreign investment flows, and increased interconnection, civilizations ‘have influenced each other and have transformed themselves through these mutual influences’ while preserving their uniqueness.2 In order to prevent trade disputes, conflicts, and even wars, each civilization should accept that it is simply one among many and should dialogue with others.3 International law should reflect its intercivilizational dimension–the idea that it governs the interplay between different cultures. In this regard, acknowledging the plurality of the cultures that compose the international community is key to maintaining just, peaceful, and prosperous relations among nations.4 Such a perspective pays attention not only to economic factors, but also to cultural ones. This is particularly apposite in times of crisis, when the structure of international law is under pressure and needs some fluidity, flexibility, and resilience.
Writing this book has benefitted from the input of many friends and colleagues. I thank David Collins, Antonietta Di Blase, Francesco Francioni, Micaela Frulli, Laura Magi, Petros Mavroidis, Julian Mortenson, Amanda Perry Kessaris, David Sugarman, James Summers, Ana Filipa Vrdoljak, and Steve Wheatley for many inspiring conversations on international law and for their mentoring and support. I feel blessed to have met these extraordinary scholars and colleagues, and I am honored and happy to have benefited from their wise guidance and advice.
I wrote part of this book while I was a Visiting Fellow at the Law Department of the European University Institute. Therefore, I would like to thank that institution, their staff, and my temporary colleagues in Florence for providing an
While carrying out this study, I received kind and timely assistance from a number of librarians in Italy, the United Kingdom, France, and the United States. My thanks therefore go to the staff of the Central National Library (Biblioteca Nazionale Centrale), the Library of Social Sciences (Biblioteca di Scienze Sociali), and the Library of the European University Institute, all in Florence. I also thank the librarians of the Bodleian Libraries in Oxford, the Cambridge University Library, the Library of the Institute of Advanced Legal Studies in London, and the Lancaster University Library. I also thank the librarians of the Sorbonne Interuniversity Library, the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Library, and the Bibliothèque Nationale de France, all in Paris, and the librarians of Michigan Law Library in Ann Arbor, Michigan, for their helpful assistance in locating sources used for this book.
Parts of this book were presented at conferences and events held at the following universities: Bologna, European University Institute (Florence), Goethe University (Frankfurt), Kent, Lancaster, Michigan, Monash, New York, Newcastle, Oxford, Parma, Padua, Québec (Montreal), Queen Mary (London), Rome La Sapienza, Rome III, and the Sant’Anna School of Advanced Studies (Pisa). I am grateful to the participants of the conferences for their valuable inputs. The usual disclaimer applies. I also thank Martin Banigan, John Bennett, Beth Derr, Johanna Lee, and Marie Sheldon of Brill for accompanying this book from proposal to its publication, and Ally Oakes for her helpful comments and suggestions on the manuscript.
The research leading to these results has received funding from the European Research Council under the European Union’s ERC Starting Grant Agreement no. 639564. The chapter reflects the author’s views only and not necessarily those of the Union.
On a personal note, I thank my husband Gianluca, my parents Lidiana and Carlo, and my aunt Ester for their love and support. Finally, I thank my daughter, Ester Susanna, for being like a ‘summer day’,5 a sparkle of joy and hope, and the greatest blessing. The book is dedicated to her.
Francis Fukuyama, The End of History and the Last Man (New York: Free Press 1992).
Onuma Yasuaki, ‘An Intercivilizational Perspective on International Law’, in VVAA, Alberico Gentili—L’Ordine Internazionale in un Mondo a più Civiltà. Atti del Convegno Decima Giornata Gentiliana (Milano: Giuffrè 2004) 65–87.
Samuel Huntington, The Clash of Civilizations and the Remaking of World Order (London: Simon & Schuster 1996).
Onuma Yasuaki, International Law in Transcivilizational World (Cambridge: CUP 2017).
William Shakespeare, Sonnets (London: G. Eld 1609), Sonnet no. 18 (‘Shall I compare thee to a summer’s day?’)
V.V.
Florence, 14 July 2022