
Contents
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1. Introduction 1. Introduction
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2. Cultural Heritage Property and Immunity from Jurisdiction 2. Cultural Heritage Property and Immunity from Jurisdiction
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2.1 Commercial Transaction Exception 2.1 Commercial Transaction Exception
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2.2 Property-Related Exceptions 2.2 Property-Related Exceptions
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2.3 Expropriation Exception under the US FSIA 2.3 Expropriation Exception under the US FSIA
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3. The State of International Law on Execution Immunity for Cultural Heritage Property 3. The State of International Law on Execution Immunity for Cultural Heritage Property
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3.1 Execution Immunity for Cultural Heritage Property under the UNCSI 3.1 Execution Immunity for Cultural Heritage Property under the UNCSI
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3.2 Status of UNCSI’s Antiseizure Norms in Light of Subsequent Practice 3.2 Status of UNCSI’s Antiseizure Norms in Light of Subsequent Practice
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4. Conclusion 4. Conclusion
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24 Cultural Heritage and State Immunity
Get accessRiccardo Pavoni is Associate Professor of International and European Law in the Department of Law of the University of Siena. In 2014, he was awarded the Italian National Scientific Qualification as full professor of International and European Union Law. He is currently academic coordinator of the EU-funded Jean Monnet Module on European Union Law and Sustainable Development (2017–2020). He has taught courses at many academic institutions and within a variety of international programs and schools, including at the Academy of European Law of the EUI (2012) and at the Summer Schools organized by the Art-Law Centre of the University of Geneva (2013; 2014). In July 2019, he taught a course on ‘International Legal Protection of Cultural and Natural Heritage in Armed Conflict’ at the International Law Winter Course (15th edition) of the Universidade Federal de Minas Gerais (Belo Horizonte). He serves as co-director of the Tulane-Siena Institute for International Law, Cultural Heritage and the Arts. He has been a visiting professor at various institutions, including the Universidad Autónoma de Bucaramanga (2013; 2019), Tulane University School of Law (2010), and the University of Amsterdam (2006). He is a member of the Board of Editors of the Italian Yearbook of International Law and a member of the Editorial Board of the Oxford Reports on International Law in Domestic Courts. He is a member of the European Society of International Law (ESIL) and of the Italian Society of International Law and European Union Law (SIDI). His publications and research activities cover various areas of public international law and European Union law, such as environmental law and human rights, cultural heritage law, the law of international immunities, and international and EU law in domestic legal systems. Email: [email protected]
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Published:08 October 2020
Cite
Abstract
The application of State immunity to cultural heritage property may yield contradictory outcomes. On the one hand, it may bar access to justice by rightful owners of cultural property. On the other, it may shield art objects from reparation claims by victims of state breaches of obligations which are unrelated to ownership issues. This chapter examines the law and practice concerning cultural heritage and state immunity. A variety of pertinent recent developments are reviewed, such as certain law-making activities by the Council of Europe, the International Law Association, and a number of States, as well as several high-profile judicial disputes challenging state immunity for cultural property, particularly in the context of the United States Nazi-looted art litigation. Against that backdrop, the chapter discusses the boundaries of customary law in this area, especially as regards the existence and scope of a customary rule of immunity from seizure for artworks on loan.
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