State Immunity, Property Rights, and Cultural Objects on Loan
Bibliographic Data
| ID | 4282809 |
|---|---|
| Authors | Alessandro Chechi (0000-0002-2297-977X, University of Geneva, corresponding author) |
| Year | 2015 |
| Volume | 22 |
| Issue | 2-3 |
| Pages | 279-299 |
| Publication date | 2015-08-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Cultural Property (JOURNAL) |
| Journal identifiers | ISSN: 0940-7391 • E-ISSN: 1465-7317 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0940739115000211 |
| OpenAlex | W2606933903 |
| Language | EN |
| Citations received | 2 |
| References cited | 18 |
In the art field the centuries-old concepts of property and state immunity are interwoven in an ambivalent relationship. Immunity rules may constitute a shield for the works of art that have been temporarily sent abroad for exhibition purposes. The obverse of the same coin is that the same rules may thwart the legal actions filed by individuals against foreign states to retrieve art objects lost in the past as a result or in connection with grave violations of human rights and humanitarian law. This article examines this conundrum and argues that the relationship between property rights and immunity rules should be reconceptualised and aligned with the values and priorities of the international community, such as the protection of human rights, the reparation of massive and violent crimes and the respect for cultural heritage
Ambivalence · Archaeology · Cultural heritage · Cultural property · Epistemology · Exhibition · Human rights · Intellectual property · Law and economics · Political science · Property (philosophy · Sociology · State (computer science · Archaeological Research and Protection · Asian Geopolitics and Ethnography · Computer Science · History · International Law and Human Rights · Law · Philosophy · Psychology
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970)
On Defining the Cultural Heritage
Immunity from Seizure and Suit in Australia
Art Loans and Immunity from Seizure in the United States and the United Kingdom
A Licit International Trade in Cultural Objects
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,22 |
| Citation span | 2017 - 2022 (6) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |