Date: 2015
Type: Book
State succession in cultural property
Oxford : Oxford University Press, 2015
JAKUBOWSKI, Andrzej, State succession in cultural property, Oxford : Oxford University Press, 2015
- https://hdl.handle.net/1814/61766
Retrieved from Cadmus, EUI Research Repository
The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states.
Table of Contents:
-- Introduction
-- Part I Emergence and Elaboration of Principles (1815–1939)
1 Territoriality, Nation-State, and the Integrity of National Patrimony in the Nineteenth Century
2 State Succession in Cultural Property
-- Part Two Consolidation and Codification of the Law (1940–1989)
3 The Second World War, Decolonization, and State Succession in Cultural Property
4 In Search of a New Global Order
-- Part Three Building a New Consensus On Cultural Heritage: State Succession After 1989
5 State Succession in State Property and Tangible Cultural Heritage in the Post-Cold War Context
6 New Horizons of State Succession
7 Conclusion
Cadmus permanent link: https://hdl.handle.net/1814/61766
Full-text via DOI: 10.1093/acprof:oso/9780198738060.001.0001
ISBN: 9780198738060; 9780191801617
Publisher: Oxford University Press
Initial version: http://hdl.handle.net/1814/18414
Version: Published version of EUI PhD thesis, 2011