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International Legal Instruments and New Judicial Principles for Restitution of Illegally Exported Cultural Properties

Title
International Legal Instruments and New Judicial Principles for Restitution of Illegally Exported Cultural Properties
Author
송호영
Keywords
Cultural property; res extra commercium; The 1954 Hague Convention; The 1970 UNESCO Convention; Te 1995 UNIDROIT Convetion; lesx rei sitae; lex originis; Shifting the Burden of proof
Issue Date
2016-08
Publisher
Penn State’s School of Law and School of International Affairs
Citation
Penn State Journal of Law & International Affairs, v. 4, NO. 2, Page. 718-748
Abstract
Worldwide, many cultural properties have been wrongfully exported to other countries in times of war and colonization. Furthermore, cultural properties are currently constant targets of illegal transaction due to their substantial economic value. Illicit trade in cultural properties is now the third largest black market after drug and firearms. There are several international treaties aimed at combating the illicit export and enabling the restitution of cultural properties. Despite these efforts, more legislative and judicial cooperation between countries will be necessary to truly solve the problem. This article reviews international legal instruments for restitution of illegally exported cultural property, and suggests some new judicial principles that should be applied by domestic courts for supplementing drawbacks of international treaties. The author suggests to adopt “lex originis” rule for choice of governing law instead of traditional “lex rei sitae” rule and to apply to shifting burden of proof to a certain extent to find a solution for disputes over cultural properties.
URI
https://heinonline.org/HOL/Page?handle=hein.journals/pensalfaw4&div=33&collection=journalshttps://repository.hanyang.ac.kr/handle/20.500.11754/76087
ISSN
2168-7951
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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