Download Cultural Property Law and Restitution: A Commentary to by Irini A. Stamatoudi PDF

By Irini A. Stamatoudi

Cultural estate and restitution: the theories of cultural nationalism and cultural internationalism -- overseas conventions -- eu Union legislation -- different resources of rules and the position of foreign organizations -- Dispute solution in cultural estate instances -- Evolution and easy tendencies

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Additional info for Cultural Property Law and Restitution: A Commentary to International Conventions and European Union Law (Ihc Series in Heritage Management)

Example text

No particular interpretation can be inferred from the use of the term ‘importance’. 19 See also Article 1(1)(b) of the Resolution of the Institut de Droit International (Session of Basel – 1991) ‘The International Sale of Works of Art from the Angle of the Protection of the Cultural Heritage’ according to which ‘country of origin’ of a work of art means the country with which the property concerned is most closely linked from the cultural point of view. PDF Cornu, M. -A. Renold (2010) attempt some examples (‘New Developments in the Restitution of Cultural Property: Alternative Means of Dispute Resolution’, International Journal of Cultural Property, 17(1), 16–17).

It has perhaps been put there to exclude objects which cannot be considered cultural in the common sense of the word. However, the term ‘specifically designated’ has given rise to some literature in the area. The views are divided between those who argue that in order for an object to be protected under the scope of this Convention, it has to be particularly and specifically designated by the State and not just be part of a general category of objects or contained in a regime of classification of cultural objects.

It is, however, still difficult to define the scope of the obligations enshrined in the 1970 UNESCO Convention and ascertain how much these obligations can be manipulated by the interests and mentalities of the various states. This is especially so because there is no indicative case law relating to the UNESCO Convention. Some conclusions could possibly be drawn by examining the legislation implemented by States Parties. Yet this task is difficult, if such legislation has not been enacted solely for the purpose of implementing the 1970 UNESCO Convention, but reflects a State’s intention to protect its cultural property.

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