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THE RECOGNITION AND ENFORCEMENT OF FOREIGN CULTURAL HERITAGE LAWS: IRAN v. BARAKAT.
- Source :
- Art, Antiquity & Law; Jul2008, Vol. 13 Issue 2, p161-174, 14p, 1 Black and White Photograph
- Publication Year :
- 2008
-
Abstract
- The article offers information on the laws that observe the recognition of foreign cultural heritage. It mentions the two conflicting principles considering the legislation to protect cultural properties for cultural heritage. It consists of the principle that enables the English law to involve the lex situs in deciding the validity of a transaction that occur under foreign law. These are the nationalisation of property within its territory, and the principle that the English courts have no legal power to consider an action for direct or indirect enforcement of a revenue, penal, or usual law of a foreign state. It also mentions several court cases regarding the implementation of cultural heritage laws including Iran versus Barakat, New Zealand versus Ortiz, and Mbasogo versus Logo Ltd.
Details
- Language :
- English
- ISSN :
- 13622331
- Volume :
- 13
- Issue :
- 2
- Database :
- Supplemental Index
- Journal :
- Art, Antiquity & Law
- Publication Type :
- Academic Journal
- Accession number :
- 37354384