Art Treasures and War: A Study on the Restitution of Looted Cultural Property Pursuant to Public International Law

Art Treasures and War: A Study on the Restitution of Looted Cultural Property Pursuant to Public International Law

by Wojciech Kowalski

Paperback

$80.00

Product Details

ISBN-13: 9780953169610
Publisher: Institute of Art and Law
Publication date: 01/31/2014
Pages: 188
Product dimensions: 6.70(w) x 9.30(h) x 0.50(d)

Table of Contents

Preface vii

Foreword Tim Schadla-Hall ix

Chapter I The Concept of Restitution in International Law

Introduction 1

Restitutio in Integrum 2

Restitution - Forms of Implemetation 4

Restitution of looted property 6

Ius pastliminii 12

"Properties, rights and interests" 14

Restitution by distribution 15

Restitution in kind 17

Chapter II The Restitution of Works of Art and the Development of Restitution as a Rule of Custom in International Law

Development of the Doctrine and Practice 18

Protection of the Integrity of National Cultural Heritage 26

Restitution of Works of Art Looted in Time of War 27

Restitution (Repatriation) in Connection with Territorial Changes 29

The Problem of Restitution in Kind and Cultural Reparations 33

Chapter III Works of Art and Restitution Law; World War II, its Aftermath and Subsequent Developments

Recognition of the Problems 37

Basic Sources of Law 40

Declaration of the United Nations against Acts of Dispossession 40

Final Act of Bretton Woods Conference 41

Resolution on Restitution at Paris Conference on Reparations 42

Overview of Subsequent Documents 43

Restitution from Germany and Austria 44

Shaping of the Restitution Law 44

Definition of Restitution 46

Public International Law Principle 48

Principle of Identification 50

Principle of Force and Duress 52

Principle of Territoriality 54

Formalised Procedure 55

Internal Restitution 58

1952 Bonn Convention 59

State Treaty with Austria 60

Restitution from the Territories of the Former Axis Powers 61

Restitution from Neutral Countries 62

Restitution from the Territories of the Allied Nations 64

Resolution No. 19 of the Chapultepec Conference 64

Agreements on Restitution concluded by Poland 64

Restitution (Repatriation) Connected with Territorial Changes 66

Peace Treaties of 1947 66

Restitution in Kind 70

Peace Treaties of 1947 72

Restitution in Kind in Territory of Germany 72

Restitution to Germany, Austria and Former Axis Countries 76

Chapter IV Conclusions and Further Developments 80

Appendix

Annex 1 Regulation concerning confiscation of works of art in German-occupied Poland 91

Annex 2 First executive order to Regulation concerning confiscation of works of art in German-occupied Poland 92

Annex 3 Inter-Allied Declaration against Acts of Dispossession 93

Annex 4 Final Act and Annex of the Paris Conference on Reparations 95

Annex 5 Definition of the term 'Restitution' 106

Annex 6 Instruction on Objects of a Unique Character 107

Annex 7 Law No. 52: Blocking and Control of Property, British Tone 108

Annex 8 General Order No. 6: Declaration of Looted Property in British Zone 113

Annex 9 Law No. 59: Restitution of Indentifiable Property, U.S. Zone 115

Annex 10 Military Government Regulations, Tide 18: Monuments. Fine Arts and Archives, US, Zone 153

Bibliography 161

Archives Consulted 169

Collected Documents and Diplomatic Papers 169

Table of International Treaties and Conventions 171

Index 172

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