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Title: The Conflict of Laws as a Technique of Demand Side Regulation in Claims for the Recovery of Cultural Objects
Authors: Gillies, Lorna
First Published: 14-Aug-2015
Publisher: Hart
Citation: Journal of Private Intenational Law, 2015, August 2015, 11 (3)
Abstract: This article considers the role of the conflict of laws in supporting claims for the recovery of cultural objects from a Member State. Specifically, the article considers the new jurisdiction rule in Article 7(4) of Regulation EC1215/2012, the Brussels I Recast Regulation. Article 7(4), inter alia, enables “(A) person domiciled in a Member State to be sued in the courts of another Member State […] as regards a civil claim for the recovery, based on ownership, of a cultural object as defined in point 1 of Article 1 of Directive 93/7/EEC initiated by the person claiming the right to recover such an object, in the courts for the place where the cultural object is situated at the time when the court is seised.” Whilst this special jurisdiction rule is a welcome development in principle, in practice its success will depend first upon its scope; second, its ability to offer a “counterbalance” to Articles 2 and the other special grounds of jurisdiction and, third, its interaction with provisional and protective measures under Article 31 (Article 35 of the Recast).
ISSN: 1744-1048
eISSN: 1757-8418
Links: TBA
Embargo on file until: 1-Jan-10000
Version: Pre-print
Status: Peer-reviewed
Type: Journal Article
Rights: Embargoed pending rights clearance.
Description: An earlier version of this paper was presented at the “Vulnerability and Cultural Heritage I: Heritage Crime, Illicit Trade, Stewardship and Ethics Conference,” University of Leicester, May 2013 and thereafter at the “5th Journal of Private International Law Conference” University Autónoma de Madrid, September 2013.
Appears in Collections:Published Articles, School of Law

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