Private international law, art and cultural heritage
By: Christa Roodt, Lecturer,  University of Glasgow, UK and Professor Extraordinaria, University of South Africa
Publisher: Edward Elgar Publishing
Published: 2015
Place of publication: Cheltenham, UK
Language: eng
Number of pages: 391
ISBN-13: 9781781002155; 9781781002162
Subjects: Law and art; Cultural property; Art thefts; Conflict of laws; Protection; Law and legislation; Protection (International law)
Description: This timely book demonstrates how full account can be taken of the structure and method of private international law in its expanding relationship with cultural heritage law, identifying opportunities for keeping pace with the underpinning value judgments. Through a global lens, Roodt explores how value-rationality and mutuality can defeat the dogmatic underpinnings of conflicts and jurisdiction rules that frustrate the achievement of global solidarity in public policy decisions and the treatment of foreign public law. The satisfactory settlement of claims based on ownership and the restitution of art and cultural objects requires improvements in the approaches and methods of dispute resolution that prevail today. The author reveals hidden dimensions of private international law, which can help re-script these approaches and methods to better tailor them to the illicit trade in cultural objects, title laundering, the suppression of policy considerations and ethical concerns that support the restitution of Nazi spoliated art. International officials and policymakers will find this a unique and ethically comprehensive resource, addressing matters that impact the artistic, cultural and historical record and the safeguarding of cultural and heritage objects within the contemporary art market. Adjudicators, law enforcement officials and legal scholars will appreciate its fresh and inclusive treatment of issues including restitution, material heritage and provenance.
Notes: Includes bibliographical references (pages 349-376) and index.
Table of contents: title: The role of private international law in the protection of art and cultural objects; title: Restitution : complexities and opportunities introduced by private international law; title: Taking a full turn : both inwards and outwards; title: Adjudicatory authority and its limits; title: Title laundering in complex "lock" jurisdictions; title: Deciding claims for restitution of Nazi spoliated art on their merit : towards value rationality; title: Towards equalisation of claims based on public and private law; title: Realising the potential of private international law to settle claims to art and cultural heritage.