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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 Coordination of Dispute Settlement Methods in the Field of Cultural Heritage

Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage

Chapter:
(p.177) 9 Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage
Source:
Enforcing International Cultural Heritage Law
Author(s):

Alessandro Chechi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680245.003.0009

This chapter discusses the resolution of disputes involving cultural assets. It first describes the main features of the existing legal framework. It then considers the available means of dispute settlement and confirms that alternative dispute resolution methods to litigation are, in general, better suited to adjudicate restitution cases. However, it also points out that domestic courts contribute decisively to the enforcement of cultural heritage law. In this respect, the chapter examines the available judicial practice, rationale, and aims behind the work of domestic courts. It concludes by arguing that a culture-sensitive jurisprudential trend is developing as a result of the consolidation of an international public policy based on the need to protect cultural heritage from the risk of dispersion and to warrant restitution for wrongfully removed art objects.

Keywords:   alternative dispute resolution, cultural heritage protection, cultural heritage law, domestic courts

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