The Return of Cultural Artefacts Hard and Soft Law Approaches
This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instr
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The Return of Cultural Artefacts Hard and Soft Law Approaches
The Return of Cultural Artefacts
.
Alper Tașdelen
The Return of Cultural Artefacts Hard and Soft Law Approaches
Alper Tașdelen Hannover, Germany
ISBN 978-3-319-44059-0 ISBN 978-3-319-44060-6 DOI 10.1007/978-3-319-44060-6
(eBook)
Library of Congress Control Number: 2016953674 © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland
To my beloved parents
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Preface
The legal regulation regarding the return of cultural artefacts transferred in times of peace is a relatively new phenomenon and far from being concluded. It is still an ongoing process involving various stakeholders, ranging from states to individuals, with different and often contradicting interests. Moreover, the actors involved often dispute about objects that have been transferred in a colonial context or at a time not covered by any existing and enforceable legal regime. Hence, from a legal point, the return of cultural artefacts is an area presenting many challenges. At the same time, this lack of enforceable rules with regard to a great number of disputes is the very reason why this field is strongly affected by moral claims, personal persuasion and ethics in general. This intermingling of law and ethics as well as the cultural dimension of the subject matter is the reason why it is so fascinating to me. It allows me, as someone with a background not only in legal studies but also in cultural sciences, to combine the skill sets of both disciplines. Luckily for me, with the Interdisciplinary DFG Research Unit on the Constitution of Cultural Property at the University of G€ottingen, Germany, I found the perfect place to pursue this interest of mine and realise this PhD project, in the realisation of which many perso
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