Evolution of the Customary International Law on Cultural Property Plundered in War Cover Image

Evolution of the Customary International Law on Cultural Property Plundered in War
Evolution of the Customary International Law on Cultural Property Plundered in War

Author(s): Zhang Yadong
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniwersytet Opolski
Keywords: cultural property; plunder of cultural property; customary international law; spoils of war

Summary/Abstract: This article presents an unambiguous evolutionary sequence of historical eventsleading to the development of customary international law, seen with reference to the mutualinfluence and transformation of legal philosophy, practice and codification on plunderingcultural property during wars. The contemporary legal rules and customs working againsttaking cultural property as spoils of war are rooted in the eighteenth century, and wereconsistently developed in the nineteenth and twentieth centuries. Restitution appears the bestremedy for the country of origin, especially in the condition where the plundered culturalproperty is existent and identifiable. Achieving this goal depends on the cooperation andcoordination throughout the world, based on a wider customary international law space.

  • Issue Year: 18/2020
  • Issue No: 4
  • Page Range: 123-135
  • Page Count: 14
  • Language: English