
Evolution of the Customary International law on the Cultural Property Plundered in War
Author(s) -
Yadong Zhang
Publication year - 2021
Publication title -
opolskie studia administracyjno-prawne
Language(s) - English
Resource type - Journals
eISSN - 2658-1922
pISSN - 1731-8297
DOI - 10.25167/osap.3435
Subject(s) - cultural property , property (philosophy) , law , restitution , customary international law , political science , property law , international law , law and economics , sociology , property rights , cultural heritage , public international law , philosophy , epistemology
This article presents an unambiguous evolutionary sequence of historical events leading to the development of customary international law, seen with reference to the mutual influence and transformation of legal philosophy, practice and codification on plundering cultural property during wars. The contemporary legal rules and customs working against taking cultural property as spoils of war are rooted in the eighteenth century, and were consistently developed in the nineteenth and twentieth centuries. Restitution appears the best remedy for the country of origin, especially in the condition where the plundered cultural property is existent and identifiable. Achieving this goal depends on the cooperation and coordination throughout the world, based on a wider customary international law space.