By Irini A. Stamatoudi
Cultural estate and restitution: the theories of cultural nationalism and cultural internationalism -- overseas conventions -- ecu Union legislation -- different assets of legislation and the position of overseas companies -- Dispute solution in cultural estate circumstances -- Evolution and easy traits
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Extra resources for Cultural Property Law and Restitution: A Commentary to International Conventions and European Union Law (Ihc Series in Heritage Management)
He later on (at 94–95) offers more arguments against the notion of ‘universal museum’. He first refers to the fact that the ideal of the universal museum was part of the aspiration of the European Enlightenment with the aim that the general public should have access to artistic achievements of the present and the past by plaster casts or copies. The signatories to the Declaration are only interested in exhibiting originals (it could perhaps be added to that that today no problems of accession to artistic achievements are encountered as was the case during the European Enlightenment).
33 above, at 128. , at 126. See also Lewis, G. ’ in B. T. Hoffman (ed), Art and Cultural Heritage. Law, Policy and Practice, Cambridge University Press, 379 where he mentions that ‘the real purpose of this declaration is to establish for “universal museums” a higher degree of immunity from claims of repatriation from their collections’. 62 These are usually the states that are rich in cultural treasures but that do not always possess the financial means or simply it is not always possible to protect these treasures from being stolen, illegally excavated or illegally exported.
The 1970 UNESCO Convention is, however, independent from these legal instruments. 2 below. These two Conventions are complementary to each other in the sense that they serve a common purpose albeit by different means. The 1995 Unidroit Convention, based on article 7(b)(ii) of the 1970 UNESCO Convention, regulates matters of private law regarding the bona fide possessor, his right to compensation, time limitations and so on. The 1995 Unidroit Convention is relevant to both private parties and states.