This timely book demonstrates how full account can be taken of the
structure and method of private international law in its expanding
relationship with cultural heritage law, identifying opportunities
for keeping pace with the underpinning value judgments. Through a
global lens, Roodt explores how value-rationality and mutuality can
defeat the dogmatic underpinnings of conflicts and jurisdiction
rules that frustrate the achievement of global solidarity in public
policy decisions and the treatment of foreign public law. The
satisfactory settlement of claims based on ownership and the
restitution of art and cultural objects requires improvements in
the approaches and methods of dispute resolution that prevail
today. The author reveals hidden dimensions of private
international law, which can help re-script these approaches and
methods to better tailor them to the illicit trade in cultural
objects, title laundering, the suppression of policy considerations
and ethical concerns that support the restitution of Nazi spoliated
art. International officials and policymakers will find this a
unique and ethically comprehensive resource, addressing matters
that impact the artistic, cultural and historical record and the
safeguarding of cultural and heritage objects within the
contemporary art market. Adjudicators, law enforcement officials
and legal scholars will appreciate its fresh and inclusive
treatment of issues including restitution, material heritage and
provenance.
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