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Vol 21 No 11 Nov/Dec 2016

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Private International Law, Art and Cultural Heritage


ISBN13: 9781781002155
Published: April 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



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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 achievement of global solidarity.

Subjects:
Conflict of Laws, Art and Cultural Heritage Law
Contents:
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. Realizing the Potential of Private International Law to Settle Claims to Art and Cultural Heritage
Index