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On the Regulation of the International Exchange of Cultural Property

  • With its foundation in 1945, UNESCO declared as its main purpose the promotion of international cultural exchange1. A number of legal instruments (Conventions, Recommendations and Declarations) should duly help to substantiate that general purpose and make it work in practice. In this process, the regulation of the international exchange of cultural property plays a key role. However, the proper regulation of cultural property exchange has been a highly controversial issue. This paper focus on UNESCO's guiding ideas and conceptions of cultural property, international exchange and regulation. The central question is: Are the regulations codified in UNESCO’s Conventions and Recommendations helpful in encouraging international cultural exchange or are we faced, due to the neglect of private agents and the roles they play in cultural exchange, with some sort of one-sided regulation running counter to that aim? The author argues that UNESCO's legal instruments are driven by and express a strong anti-private and anti-market bias, whichWith its foundation in 1945, UNESCO declared as its main purpose the promotion of international cultural exchange1. A number of legal instruments (Conventions, Recommendations and Declarations) should duly help to substantiate that general purpose and make it work in practice. In this process, the regulation of the international exchange of cultural property plays a key role. However, the proper regulation of cultural property exchange has been a highly controversial issue. This paper focus on UNESCO's guiding ideas and conceptions of cultural property, international exchange and regulation. The central question is: Are the regulations codified in UNESCO’s Conventions and Recommendations helpful in encouraging international cultural exchange or are we faced, due to the neglect of private agents and the roles they play in cultural exchange, with some sort of one-sided regulation running counter to that aim? The author argues that UNESCO's legal instruments are driven by and express a strong anti-private and anti-market bias, which produce problematic economic incentives in the art and antiquities world to the disadvantage of the international exchange of cultural property.show moreshow less

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Metadaten
Author: Steffen GroßGND
URL:https://www.degruyter.com/view/journals/ordo/70/1/article-p166.xml?tab_body=pdf-69320
ISSN:0048-2129
Title of the source (German):ORDO : Jahrbuch für die Ordnung von Wirtschaft und Gesellschaft
Document Type:Scientific journal article peer-reviewed
Language:English
Year of publication:2020
Volume/Year:70
Issue number:1
First Page:166
Last Page:187
Article number:9
Faculty/Chair:Fakultät 5 Wirtschaft, Recht und Gesellschaft / FG VWL, insbesondere Mikroökonomik
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