Private International Law, Art and Cultural Heritage

Christa Roodt, Lecturer, University of Glasgow, Scotland, UK and Professor Extraordinaria, University of South Africa

In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the context of ownership claims and the illicit trafficking of cultural objects. She shows how, in decisions about classification and the public policy exception, and in the application and treatment of foreign public law, value-rationality and mutuality can defeat the dogmatic underpinnings of conflicts and jurisdiction rules that frustrate the achievement of global solidarity.

‘This book provides the reader with a fresh perspective on cultural heritage law by focusing upon its relationship with principles of private international law. It discusses complex and important issues, such as the repatriation of Nazi spoliated art, in a manner which is engaging and commendably ambitious in scope.’
– Janet Ulph, University of Leicester, UK

“Roodt博士提供了一个新的一探索n of the relationship between private international law and cultural heritage law, and provides an insightful account of the role that private international law can play in the protection of art and cultural objects. Private international law is an essential backdrop against which to consider restitution and spoliation claims, not only in terms of the determination of venue for dispute resolution, but also as regards the law to govern problems of ownership and compensation. This book is a welcome reassertion of the role of private international law in handling the morally and legally challenging problems which affect the international art and antiquities market.’
– Janeen M. Carruthers, University of Glasgow

‘With its extensive footnoting and lists of cases from at least fourteen countries, this wide-ranging and detailed survey makes an important contribution to the growing body of literature and analysis surrounding this difficult and topical subject, as the bibliography of over 30 pages indicates. International lawyers as well as policy makers everywhere should consider this book an essential purchase.’
– Phillip and Elizabeth Taylor, The Barrister Magazine