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Art, cultural heritage and the market: legal and ethical issues

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Publication date8/01/2014
Host publicationArt, cultural heritage and the market : ethical and legal issues
EditorsValentina Vadi, Hildegard Schneider
Place of PublicationHeidelberg
PublisherSpringer
Pages1-24
Number of pages24
ISBN (Electronic)9783642450945
ISBN (Print)9783642450938
Original languageEnglish

Abstract

Once the domain of elitist practitioners and scholars, international cultural law has emerged as the new frontier of international law. The rise of international cultural law as a distinct field of study reflects the Zeitgeist characterised by increased globalisation and the vitality of international law in governing global phenomena. International cultural law has made headlines and attracted the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers, and artists and economists just to mention a few. International cultural law includes extremely diverse components and constitutes a good example of multilevel governance and legal pluralism. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage, and the protection and promotion of artistic expressions are just some of the issues regulated by such a field of study.
The book focusses on the particular area of the restitution of cultural property and dispute settlement mechanisms used in international disputes relating to cultural objects within the larger field of international cultural law. This is an area in which public law aspects (e.g., state succession, international conventions etc.) intermingle with procedural and private law aspects (private property rights, statute of limitations, forum non conveniens to mention but a few). This book addresses the question of ‘who owns culture?’ by examining recent cases and conflicting interests. The approach is mainly legal, but interdisciplinary approaches have been adopted as well.