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Enforcing International Cultural Heritage Law$
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Francesco Francioni and James Gordley

Print publication date: 2013

Print ISBN-13: 9780199680245

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199680245.001.0001

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Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law

Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law

Chapter:
(p.9) 1 Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law
Source:
Enforcing International Cultural Heritage Law
Author(s):

Francesco Francioni

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680245.003.0001

This chapter connects the idea of pluralism in the variety of cultural expressions with the plurality of legal orders that may come into play in the enforcement of norms in the protection of cultural heritage. It shows how different legal orders (domestic and international) and different systems of norms (wartime and peacetime, public, and private) interact one with another at various levels of regulation of cultural property and in the process of enforcement. It emphasizes the importance of cultural property as an international public good, and the role that public and private actors have in contributing to the enforcement of international rules in the protection of art and heritage as a common good of humanity.

Keywords:   pluralism, legal orders, international law, public good, cultural property, cultural heritage

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