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Enforcing International Cultural Heritage Law


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Table of Contents

Francesco Francioni and James Gordley: Introduction I. The International Legal Order 1: Francesco Francioni: Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law 2: Ana Vrdoljak: Enforcement of Restitution of Cultural Heritage through Peace Agreements 3: Federico Lenzerini: The Role of International and Mixed Criminal Courts in the Enforcement of International Norms on the Protection of Cultural Heritage 4: Laurie Rush: Enforcement of International Cultural Property Norms in Time of War II. Enforcement by Domestic Courts 5: Riccardo Pavoni: Sovereign Immunity and the Enforcement of International Cultural Property Law 6: James Gordley: The Enforcement of Foreign Law: Reclaiming One Nation's Cultural Heritage in Another Nation's Courts 7: Patrizia Vigni: The Enforcement of Underwater Cultural Heritage Law by Domestic Courts 8: Patricia Gerstenblith: Enforcement of Criminal Sanctions in American State Courts III. Alternative Methods of Enforcement: Arbitration, Soft-Law, Diplomacy, and Settlements 9: Alessandro Chechi: Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage 10: Derek Finchman: Social Norms and Illicit Cultural Heritage 11: Holly Flora: Practices of Collecting in American Museums 12: Wang Yunxia: Enforcing Import Restrictions of China's Cultural Objects: The 2009 Sino-US Memorandum of Understanding

About the Author

Francesco Francioni is Emeritus Professor of International Law and Human Rights and Co-Director of the Academy of European Law at the European University Institute in Florence. He was the chairman of the World Heritage Committee of the UNESCO and the Italian delegate to many diplomatic conferences on the protection of cultural property. He has written and edited many books, including War by Contract (with Natalino Ronzitti, OUP, 2011) and The 1972 World Heritage Convention: A Commentary (OUP, 2008). James Gordley holds the W.R. Irby Chair of Law at Tulane University. He is the author of, inter alia, Foundations of Private Law (OUP, 2006).


I consider it a pleasure to see so many experts and their communal expertise brought together in this book by means of their respective contributions... Generally speaking, it is my opinion that this book gives an accurate state of affairs as well as a variety of perspectives. * Nout van Woudenberg, NILR *
All chapters of the book provide and excellent and critical in depth analysis of existing international and national laws and State practice. The book evidences the difficulties relating to legal issues of cultural heritage. These laws have undergone a great development, and are still evolving. The book also presents a very useful historical perspective ... Authors presented very well researched and innovative approach to this issue; giving very honest accounts about the insufficient legal protection of cultural heritage, at the international and national levels. The book is a must for all international lawyers, not only experts in the area of cultural heritage. Although written by well-known specialists in this area, it is very accessible. * Malgosia Fitzmaurice, German Yearbook of International Law, *

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