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Cultural Property in Cross Border Litigation Turning Rights into Claims 1st Edition by Mara Wantuch Thole ISBN 3110355434 9783110355437

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ISBN 10:   3110355434
ISBN 13: 978-3110355437
Author:    Mara Wantuch Thole 

This thesis comparatively investigates into the cross-border enforcement of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms to successfully implement these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.

 

Cultural Property in Cross Border Litigation Turning Rights into Claims 1st  Table of contents:

Chapter 1. – Introduction

§ 1. The Illicit Trade in Cultural Objects – A Scope of the Problem

§ 2. Objectives of the Book and Research Task

§ 3. Terminology and Delimitation

§ 4. The Structure of the Book

Part I: Rights to Cultural Objects

Chapter 2. – Sovereign Rights to Movable Cultural Objects

§ 1. Introduction

§ 2. Mechanisms of Acquiring Rights to Cultural Objects

§ 3. Mechanisms to Retain Ownership of Cultural Objects in the Public Domain

§ 4. Conclusion for Chapter 2

Chapter 3. – Title to Cultural Objects under the Private Law of Finds

§ 1. Introduction

§ 2. The Common Law of Finders

§ 3. The Civilian Law of Finders

§ 4. Excursion: Finders Law as a Means of Protecting Antiquities

§ 5. Conclusion to Chapter 3

Chapter 4. – International Law with Regard to the Recovery of Cultural Objects

§ 1. Introduction

§ 2. European Union Initiatives

§ 3. Uniform Law International Instruments

Chapter 5. – Choice of Law Methodology in International Cultural Property Cases

§ 1. Introduction

§ 2. Acquisition of Title to Stolen Property

§ 3. The Application of the Lex Situs and its Consequences

§ 4. Legal Alternatives for Disputes involving Cultural Property

Chapter 6. – Cross-Border Enforcement and Justiciability in a Comparative Perspective

§ 1. Introduction

§ 2. International Resolutions on the Justiciability of Foreign Public Law

§ 3. England and Wales

§ 4. The U.S. Approach

§ 5. The German Approach

§ 6. The Swiss Approach

 

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