Legal Material

Italia Nostra v Ministry of Cultural Heritage and Libyan Arab Jamahiriya (intervening), Appeal Judgment, Case No 3154/2008, ILDC 1138 (IT 2008), 23rd June 2008, Council of State [Council of State]



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Whether Italy was obliged to return artwork removed during the colonial domination of Libyan Arab Jamahiriya.

Whether international law encompassed a customary obligation to return works of art taken wrongfully in times of wartime occupation, colonial domination, or as a result of other forms of violence.

Keywords: Colonization / Decolonization; Cultural property / heritage; Customary international law; General principles of international law; International law and domestic law, incorporation; Occupation; Peace treaties; Restitution; Self-determination; State succession; State succession, state property and contracts; States, independence; Treaties, conclusion; Use of force, prohibition

Legal Material.  6734 words. 

Subjects: Territory ; Public International Law ; International Law ; Law

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