Jump to ContentJump to Main Navigation
Enforcing International Cultural Heritage Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 October 2019

The Enforcement of Foreign Law

The Enforcement of Foreign Law

Reclaiming One Nation’s Cultural Heritage in Another Nation’s Courts

Chapter:
(p.110) 6 The Enforcement of Foreign Law
Source:
Enforcing International Cultural Heritage Law
Author(s):

James Gordley

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680245.003.0006

Nations have enacted laws to protect their cultural heritage against export. However, when objects are exported in violation of those laws, a nation faces two major legal obstacles to seeking their return. One is the proposition that the export laws of one nation will not be enforced in the courts of another. The other is that a government cannot repatriate an object without proving that it owns it in the same way as a private owner, having a right to possess and use it as he chooses. This chapter argues that both of these propositions are bad law, and that courts should disregard them.

Keywords:   civil suits, cultural objects, export control laws, international law, cultural property, property rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .