Leiden University Scholarly Publications

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Campfens, E. (2021)

Cross-border title claims to cultural objects: property or heritage?

Doctoral Thesis
Cultural objects have a protected status on account of their intangible value, as symbols of an identity. This has been so since the early days of international law, and today there is an extensive legal framework that ensures this protection.Yet, when it comes to claims by former owners to items such as Nazi looted art, colonial booty, or more recently looted antiquities, the situation is less straightforward. On the one hand, such claims are often not supported by positive law at all. On the other hand, non-binding regulations urge present possessors to find `just' solutions to claims – not as a legal obligation but as a matter of morality. This raises a fundamental question: if we believe that the application of the law leads to injustice, is it not time to change the law or the way it is applied?
This study explores how cross-border claims to cultural objects fit in the wider legal framework, and where blind spots or clashes occur. Its aim is to identify new directions...Show moreCultural objects have a protected status on account of their intangible value, as symbols of an identity. This has been so since the early days of international law, and today there is an extensive legal framework that ensures this protection.Yet, when it comes to claims by former owners to items such as Nazi looted art, colonial booty, or more recently looted antiquities, the situation is less straightforward. On the one hand, such claims are often not supported by positive law at all. On the other hand, non-binding regulations urge present possessors to find `just' solutions to claims – not as a legal obligation but as a matter of morality. This raises a fundamental question: if we believe that the application of the law leads to injustice, is it not time to change the law or the way it is applied?
This study explores how cross-border claims to cultural objects fit in the wider legal framework, and where blind spots or clashes occur. Its aim is to identify new directions that can help further develop this field, with the ultimate aim of fostering just solutions.Show less
International cultural heritage law
Restitution
Looted art
Human rights law
International law of ownership
Colonialism
Nazi-looted art
All authors
Campfens, E.
Supervisor
Schrijver, N.J.; Veraart, W.J.
Committee
Castermans, A.G.; Duffy, H.; Francioni, F.; Schneider, H.E.G.S.; Strecker, A.
Qualification
Doctor (dr.)
Awarding Institution
Institute of Public Law, Faculty of Law, Leiden University
Date
2021-11-11
Title of host publication
Meijers-reeks
Publisher
Eleven
ISBN (print)
9789462362505
ISBN (electronic)
9789451891898

Publication Series

Name
MI-377

Funding

Sponsorship
Ministerie van OCW