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Art Treasures and War [Minkštas viršelis]

  • Formatas: Paperback / softback, 173 pages, aukštis x plotis: 240x170 mm
  • Išleidimo metai: 01-Mar-1998
  • Leidėjas: Institute of Art & Law
  • ISBN-10: 0953169618
  • ISBN-13: 9780953169610
  • Formatas: Paperback / softback, 173 pages, aukštis x plotis: 240x170 mm
  • Išleidimo metai: 01-Mar-1998
  • Leidėjas: Institute of Art & Law
  • ISBN-10: 0953169618
  • ISBN-13: 9780953169610
The first objective of this timely reprint is to define the meaning of the term 'restitution' in international law in contrast with the other terms used in this area. The book then considers the opinions of various lawyers and academics, and the development of rules of international law relating to the return of cultural goods, alongside a study of the development of the practice of restitution. In the light of this general discussion, specific issues receive more detailed treatment, in particular the regulations of 'Allied Restitution Law,' which came into force in various forms and situations after World War II. Art Treasures and War concludes with a summary of the historical evolution of the legal model of restitution. The Appendix contains a wealth of material, including the Regulation concerning confiscation of works of art in German-occupied Poland; the Inter-Allied Declaration against Acts of Dispossession; the Final Act and Annex of the Paris Conference on Reparations; Law No. 52: Blocking and Control of Property, British Zone; General Order No. 6: Declaration of Looted Property in British Zone; Law No. 59: Restitution of Identifiable Property (US Zone); Military Government Regulations, Title 18: Monuments, Fine Arts and Archives, US Zone.
Preface vii
Foreword ix
Tim Schadla-Hall
Chapter I The Concept of Restitution in International Law
Introduction
1(1)
Restitutio in Integrum
2(2)
Restitution --- Forms of Implemetation
4(14)
Restitution of looted property
6(6)
Ius postliminii
12(2)
"Properties, rights and interests"
14(1)
Restitution by distribution
15(2)
Restitution in kind
17(1)
Chapter II The Restitution of Works of Art and the Development of Restitution as a Rule of Custom in International Law
Development of the Doctrine and Practice
18(8)
Protection of the Integrity of National Cultural Heritage
26(1)
Restitution of Works of Art Looted in Time of War
27(2)
Restitution (Repatriation) in Connection with Territorial Changes
29(4)
The Problem of Restitution in Kind and Cultural Reparations
33(4)
Chapter III Works of Art and Restitution Law; World War H, its Aftermath and Subsequent Developments
Recognition of the Problems
37(3)
Basic Sources of Law
40(3)
Declaration of the United Nations against Acts of Dispossession
40(1)
Final Act of Bretton Woods Conference
41(1)
Resolution on Restitution at Paris Conference on Reparations
42(1)
Overview of Subsequent Documents
43(1)
Restitution from Germany and Austria
44(14)
Shaping of the Restitution Law
44(2)
Definition of Restitution
46(2)
Public International Law Principle
48(2)
Principle of Identification
50(2)
Principle of Force and Duress
52(2)
Principle of Territoriality
54(1)
Formalised Procedure
55(3)
Internal Restitution
58(1)
1952 Bonn Convention
59(1)
State Treaty with Austria
60(1)
Restitution from the Territories of the Former Axis Powers
61(1)
Restitution from Neutral Countries
62(2)
Restitution from the Territories of the Allied Nations
64(2)
Resolution No. 19 of the Chapultepec Conference
64(1)
Agreements on Restitution concluded by Poland
64(2)
Restitution (Repatriation) Connected with Territorial Changes
66(4)
Peace Treaties of 1947
66(4)
Restitution in Kind
70(6)
Peace Treaties of 1947
72(1)
Restitution in Kind in Territory of Germany
72(4)
Restitution to Germany, Austria and Former Axis Countries
76(4)
Chapter IV Conclusions and Further Developments
80(11)
APPENDIX
Annex 1 Regulation concerning confiscation of works of art in German-occupied Poland
91(1)
Annex 2 First executive order to Regulation concerning confiscation of works of art in German-occupied Poland
92(1)
Annex 3 Inter-Allied Declaration against Acts of Dispossession
93(2)
Annex 4 Final Act and Annex of the Paris Conference on Reparations
95(11)
Annex 5 Definition of the term `Restitution'
106(1)
Annex 6 Instruction on Objects of a Unique Character
107(1)
Annex 7 Law No. 52: Blocking and Control of Property, British Zone
108(5)
Annex 8 General Order No. 6: Declaration of Looted Property in British Zone
113(2)
Annex 9 Law No. 59: Restitution of Identifiable Property, U.S. Zone
115(38)
Annex 10 Military Government Regulations, Title 18: Monuments, Fine Arts and Archives, U.S. Zone
153(8)
Bibliography 161(8)
Archives Consulted 169(1)
Collected Documents and Diplomatic Papers 169(2)
Table of International Treaties and Conventions 171(1)
Index 172