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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