
Ana Filipa Vrdoljak (ed.)
et al.
Published:
29 February 2024
Online ISBN:
9780191939327
Print ISBN:
9780192846884
Contents
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Introduction Introduction
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Drafting History Drafting History
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Role and Meaning Role and Meaning
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Paragraph 1 Paragraph 1
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Paragraph 2 Paragraph 2
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Paragraph 3 Paragraph 3
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Paragraph 4 Paragraph 4
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Paragraph 5 Paragraph 5
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Conclusion Conclusion
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The 1970 UNESCO and the 1995 UNIDROIT Conventions and the 2003 UNESCO Intangible Heritage Convention
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Chapter
Article 5 of the 1995 UNIDROIT Convention: Claims for Illegally Exported Cultural Objects
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Pages
579–598
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Published:February 2024
Cite
Chechi, Alessandro, and Keun-Gwan Lee, 'Article 5 of the 1995 UNIDROIT Convention: Claims for Illegally Exported Cultural Objects', in Ana Filipa Vrdoljak, Andrzej Jakubowski, and Alessandro Chechi (eds), The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property: A Commentary, Oxford Commentaries on International Cultural Heritage Law (2024; online edn, Oxford Academic), https://doi.org/10.1093/law/9780192846884.003.0036, accessed 1 May 2025.
Abstract
This chapter explores Article 5 of the 1995 UNIDROIT Convention that focuses on claims for illegally exported cultural objects. It notes how Article 5 indicates the States Parties' duty to ensure the physical return of cultural objects removed from the territory of the requesting state. Moreover, Article 5 establishes an exception to the principle of the non-applicability of foreign public law. The drafters of the UNIDROIT Convention established the provision to heighten the cooperation between states which is essential to thwart the illicit trade in cultural objects.
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