@article{019ab558-743d-72b8-bcb5-020ac0e373f3,
author = {Nuray Ekşi},
title = {Private International Law as a Toolkit for Extraterritorial Refuge of Endangered Cultural Property},
journal = {Santander Art and Culture Law Review},
volume = {2025},
number = {2/2025 (11)},
year = {2025},
issn = {2391-7997},
pages = {113-146},keywords = {endangered cultural property; safe havens; refugee; quasi-refugee status; cultural property refugees},
abstract = {The article begins by identifying the threats that give rise to the need for extraterritorial refuge, clarifying the core concepts underpinning this measure, and drawing a conceptual distinction between cultural refuge and the refugee status of individuals. It then examines notable cases of extraterritorial refuge involving endangered cultural property, followed by a brief review of relevant national legislation, international conventions, and soft-law instruments. Extraterritorial refuge between states involves elements governed by both public and private international law, each addressing distinct aspects of the legal relationship. This dual nature shapes not only the allocation of responsibilities between the parties, but also the applicable legal frameworks and dispute resolution mechanisms. This study primarily focusses on the aspects of such arrangements related to private international law, referring to public international law only when necessary to clarify the boundaries of the field and the legal sources on which this measure is based. Furthermore, this study contends that characterizing extraterritorial refuge as a contract of deposit reinforces its basis within private international law. While scholars often focus on public international aspects, this study argues that with respect to the other aspects, existing principles of private international law already offer a viable framework for resolving disputes arising from extraterritorial refuge. However, given the divergent rules on conflict of laws and jurisdiction across various fora, the study advocates for the adoption of a new international convention to harmonize these rules and facilitate the recognition and enforcement of judgments. As a final remark, this study maintains that extraterritorial refuge should be undertaken in good faith, as a genuine effort to protect and preserve cultural property, not to obtain financial or reputational gain.},
doi = {10.4467/2450050XSNR.25.019.22684},
url = {https://ejournals.eu/czasopismo/saaclr/artykul/private-international-law-as-a-toolkit-for-extraterritorial-refuge-of-endangered-cultural-property}
}