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Human Rights And Illicit Trade In Cultural Objects, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Movable cultural heritage is not bounded nor shielded by national territorial borders. Applicable domestic laws are of limited import without the cooperation of other states and the international community. Despite a century of domestic legal protection of movable cultural heritage in many states, widespread non-compliance and lack of enforcement has been the norm rather than the exception. However, the tide is turning. States formerly reluctant to ratify cultural heritage treaties have done so, signalling their acceptance of the importance of multilateral action in this field. Enforcement of such laws is viewed as part of the reinforcement of good governance, rule …

Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …

History And Evolution Of International Cultural Heritage Law: Through The Question Of The Removal And Return Of Cultural Objects, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The role of law in the removal and return of cultural objects has long been fraught and contested. This paper examines the history and development of the legal protection of cultural heritage at the international level with particular reference to the return of cultural objects.

With a view to facilitating the Intergovernmental Committee's future work, the paper is divided into four parts. First, there is an examination of the historical development of international cultural heritage law in respect of restitution over the last two centuries. Second, the establishment and work of the Intergovernmental Committee is considered in this historical legal …