Private International Law, Art and Cultural Heritage [electronic resource].

Format:

Book

Author/Creator:

Roodt, Christa.

Contributor:

Edward Elgar Publishing.

Language:

English

Subjects (All):

Cultural property--Law and legislation--Protection.

Cultural property.

Cultural property--Protection (International law).

Law and art--Law and legislation.

Law and art.

Art thefts--Cultural property.

Art thefts.

Conflict of laws.

Physical Description:

1 online resource (416 p.)

Place of Publication:

Cheltenham : Edward Elgar Pub. Ltd., 2015.

Language Note:

English

Summary:

In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the context of ownership claims and the illicit trafficking of cultural objects. She shows how, in decisions about classification and the public policy exception, and in the application and treatment of foreign public law, value-rationality and mutuality can defeat the dogmatic underpinnings of conflicts and jurisdiction rules that frustrate the achiev

Contents:

Cover; Copyright; Contents; Acknowledgements; Abbreviations; Table of cases; Table of legislation; 1. The role of private international law in the protection of art and cultural objects; 2. Restitution: Complexities and opportunities introduced by private international law; 3. Taking a full turn: Both inwards and outwards; 4. Adjudicatory authority and its limits; 5. Title laundering in complex 'lock' jurisdictions*; 6. Deciding claims for restitution of Nazi spoliated art on their merit: Towards value rationality; 7. Towards the equalisation of claims based on public and private law

8. Realising the potential of private international law to settle claims to art and cultural heritageBibliography; Index

Notes:

Description based upon print version of record.

ISBN:

1-78100-216-9