We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Mezinárodní ochrana kulturních statků z pohledu českého, mezinárodního a unijního práva.
- Authors
Pauknerová, Monika
- Abstract
The protection of cultural heritage and of cultural exchanges has a fundamental importance for promoting understanding between peoples, and the dissemination of culture for the well-being of humanity and the progress of civilisation. This idea introduces the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects; sadly, Czech Republic is not yet a contracting party to this convention. The paper introduces first some cases of the return of works of art which illustrate the problems of the international protection of cultural goods. The purpose of the contribution is to describe fundamental concepts and legal rules which regulate this field, with a special regard to international protection. The first part introduces the legal framework and definitions, pointing out to complicated relations of international conventions, European Union law and Czech law into which the EU legislation was partly implemented. The second part is dedicated to UNESCO and UNIDROIT conventions. The third part critically reflects the EU law and Czech internal legislation. The fourth part deals with private international law, again under a critical viewpoint. In conclusion the author remarks that, up to the present, the Czech literature has not paid to the topic the attention it deserves. She sums up that in the Czech public law the legal regulation should be simplified and made more transparent. Important role is played by the EU legislation and international conventions - the UNESCO convention has been implemented, as well as EU regulations and directives, however, the accession of the Czech Republic to the UNIDROIT convention for which the prerequisites have already been created in the internal law, is being delayed. As for the private substantive law, the starting point is the Civil Code which should be supplemented by the Act on return of illegally exported cultural goods as a lex specialis, the latter currently being rather neglected by Czech civilians. Within private international law, a special conflict-of-law rule would clear up the determination of the applicable law for a claim of restitution of illegally exported cultural goods and for a potential compensation of the owner or possessor being in good faith.
- Subjects
CZECH Republic; CONFLICT of laws; EUROPEAN Union law; UNESCO; PUBLIC law; CIVIL code; CIVIL law; EUROPEAN Union; DATA protection; PROTECTION of cultural property
- Publication
Pravnik, 2023, Vol 162, Issue 4, p289
- ISSN
0231-6625
- Publication type
Article