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The past forty years have seen a wide proliferation of disputes
under international law concerning cultural heritage. These have
included the restitution of stolen art objects or the protection of
monuments. Unlike other fields of international law, international
cultural heritage law does not have an ad hoc mechanism of dispute
settlement. As a result, controversies are to be settled through
negotiation or, if it fails, through existing dispute resolution
means. This can result in similar cases being settled in different
ways, thereby bringing about an incoherent and fragmentary
enforcement of the law. This book offers a comprehensive and
innovative analysis of the settlement of cultural heritage
disputes. This examination is two-fold. First, it assesses the
existing legal framework and the available dispute settlement
means. Second, it explores the feasibility of two solutions for
overcoming the lack of a specialized forum. The first is the
establishment of a new international court. The second concerns
existing judicial and extra-judicial fora and their interaction
through the practice of 'cross-fertilization'. The book focuses on
the substance of such interaction, and identifies a number of
culturally-sensitive parameters (the 'common rules of
adjudication'). It argues that existing judicial and non-judicial
fora should adopt a cross-fertilizing perspective to use and
disseminate jurisprudence containing these common rules of
adjudication. It sets out how such an approach would enhance the
effectiveness and coherence of decision-making processes and would
be conducive to the development of a lex culturalis. This can be
defined as a composite body of rules designed to protect cultural
heritage by excluding the mechanical application of the norms
established for standard business transactions of ordinary goods.
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