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THE RECOGNITION AND ENFORCEMENT OF FOREIGN CULTURAL HERITAGE LAWS: IRAN v. BARAKAT.

Authors :
Chamberlain, Kevin
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