Enforcing International Cultural Heritage Law 1st Edition by Francesco Francioni ISBN 0199680248 9780199680245

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ISBN 10: 0199680248 
ISBN 13: 9780199680245
Author: Francesco Francioni

Enforcing International Cultural Heritage Law 1st Table of contents:

I. The International Legal Framework
1. Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law
I. Introduction
II. Plurality of Perspectives
III. Plurality and Interaction of Legal Regimes
IV. Plurality and Interplay of Enforcement Mechanisms
V. Interaction between Domestic Adjudication and International Enforcement
VI. Conclusion
2. Enforcement of Restitution of Cultural Heritage through Peace Agreements
I. Introduction
II. Peace through Reparations
III. Peace through Unity
IV. Peace through Division
V. Conclusion
3. The Role of International and Mixed Criminal Courts in the Enforcement of International Norms Concerning the Protection of Cultural Heritage
II. Enforcement of International Law on Cultural Heritage in Practice: The Case Law of the International Criminal Tribunal for the Former Yugoslavia
III. The Contemporary Significance of Cultural Heritage: Beyond State Property and Exterior Worth
IV. Conclusion: Taking a Lesson for the Future from the Balkan Wars
V. Postscript
4. Illicit Trade in Antiquities: A View ‘From the Ground’
I. Introduction
II. This Way to the Mummy
III. Local Impacts at Home in the United States
IV. Looting in Conflict Zones
V. Proactive Approaches for Site Protection in Conflict Zones
VI. The Market for Illicit Antiquities
VII. Conclusion
II. Enforcement By Domestic Courts
5. Sovereign Immunity and the Enforcement of International Cultural Property Law
I. Introduction
II. Should Sovereign Immunity from Jurisdiction be Granted in Art-Recovery Suits?
III. Immunity of Cultural Property from Execution: An Absolute Rule?
IV. Conclusion
6. The Enforcement of Foreign Law: Reclaiming One Nation’s Cultural Heritage in Another Nation’s Courts
I. Introduction
II. The Enforcement of the Export Laws of One Nation in the Courts of Another
III. The Repatriation of Cultural Heritage
IV. Conclusion
7. The Enforcement of Underwater Cultural Heritage by Courts
I. Introduction
II. Claimants to Rights over Cultural Objects at Sea
III. Domestic Courts’ Arguments: A Critical Analysis
IV. Some Unanswered Questions
8. Enforcement by Domestic Courts: Criminal Law and Forfeiture in the Recovery of Cultural Objects
I. Introduction
II. Types of Illegal Conduct in the Movement of Antiquities
III. Legal Actions
IV. Shifts in Recovery Methods and Deterrent Effect: Unintended Consequences
III. Alternative Methods of Enforcement
9. Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage
I. Introduction
II. The Legal Framework for Cultural Heritage Protection
III. A Critical Appraisal of the Legal Parameters
IV. The Enforcement of Cultural Heritage Law through Dispute Settlement Means
V. Critical Appraisal of the Dispute Resolution Methods
VI. Disclosing the Judicial’s Ongoing Penchant for Culture-Sensitive Rulings
VII. International Public Policy and Coordination in Dispute Settlement for the Enforcement of Cultural Heritage Law
10. Social Norms and Illicit Cultural Heritage
I. Introduction
II. Antiquities Appearing on the Market Since 1970 are Presumed Illicit
III. The Return of Illicitly Excavated Objects
IV. The Culture of Antiquities Looting in the American Four Corners Region
V. Conclusions
11. The Quest for the Masterpiece: Traditional Practices of Collecting in American Museums
I. Introduction
II. Recently Revised Ethical Standards and Acquisition Policies
III. From Ethics to Action: What Else Can Museums Do?
12. Enforcing Import Restrictions of China’s Cultural Objects: The Sino–US Memorandum of Understanding
I. Introduction
II. Legal Basis for the Mou
III. The Signing of the Mou and Its Main Contents
IV. Positive Impact on Protection of Chinese Cultural Heritage by the Mou
V. Conclusion

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