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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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The Enforcement of Underwater Cultural Heritage by Courts

The Enforcement of Underwater Cultural Heritage by Courts

Chapter:
(p.125) 7 The Enforcement of Underwater Cultural Heritage by Courts
Source:
Enforcing International Cultural Heritage Law
Author(s):

Patrizia Vigni

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680245.003.0007

This chapter discusses the state's claim over cultural property found in the sea. It first identifies who, under international and domestic law, can legitimately claim rights with respect to cultural objects at sea. It gives special attention to sovereign and property rights of states and private persons over historic shipwrecks. It then attempts to ascertain how domestic courts have so far settled disputes affecting cultural objects at sea, in order to determine whether and to what extent these courts have enforced international provisions concerning the protection of underwater cultural heritage.

Keywords:   cultural property, state sovereignty, international law, state sovereign rights, cultural objects, sovereign rights, historic shipwrecks, domestic courts

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