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Cross-border claims to looted art

Študija 16-10-2023

This study addresses cross-border restitution claims to looted art, considering Nazi-looted art and colonial takings, but also more recent cultural losses resulting from illicit trafficking. Although these categories differ considerably, commonalties exist. The study highlights blind spots in the legal and policy frameworks and formulates recommendations on how these could be bridged. This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, investigates the normative status of legal commitments of States in the field of international climate law. It concludes that the due diligence obligations of States to realize their nationally determined contributions (NDCs) qualifies as a norm of general international law, but at the moment not as a peremptory norm. It concludes that the legal ...

This At a glance note summarises the study examining how cultural heritage can be better protected from the effects of armed conflicts, in Ukraine and beyond. It includes an analysis of the applicable international law and policy frameworks and the practice of key international actors in Ukraine, as well as in past conflicts. It concludes with a set of specific recommendations to the EU and its Member States to strengthen the protection of cultural heritage from the effects of armed conflicts, now ...

This study examines how cultural heritage can be better protected from the effects of armed conflicts, in Ukraine and beyond. It includes an analysis of the applicable international law and policy frameworks and the practice of key international actors in Ukraine, as well as in past conflicts. It concludes with a set of specific recommendations to the EU and its Member States to strengthen the protection of cultural heritage from the effects of armed conflicts, now and in the future.

With its war of aggression against Ukraine, launched in early 2022, Russia has violated the country's territorial integrity, sovereignty and independence within internationally recognised borders. This war has inflicted heavy casualties, destruction and displacement within Ukraine and beyond. While intense ongoing hostilities make it difficult to collect comprehensive information about certain areas in Ukraine, this is arguably the largest humanitarian crisis in Europe since World War II. There are ...

The paper stresses the need for an EU focal point for investigating and responding strategically to foreign interference. The author assesses the possibility of using criminal law to address foreign interference, of utilising the international sanctions regime to deal with cases of interference, and of banning the use of foreign and foreign-funded, third party campaigning during elections. The author also considers measures to increase the transparency of foreign influence, notably by strengthening ...

International law imposes an obligation to render assistance to people and ships in distress at sea, which must be provided regardless of the persons' nationality or status or the circumstances in which they are found. These rules have to be applied without prejudice to the obligations deriving from international humanitarian law and international human rights law, including in particular the prohibition of refoulement. Search and rescue (SAR) and disembarkation activities of EU Member States are ...

On 24 February 2022, at a special European Council meeting following Russia's invasion of Ukraine, EU leaders delivered a message of unity and determination, acknowledging 'the European aspirations and the European choice of Ukraine' and reiterating the EU's support to the territorial integrity of the country. They condemned Russia's continued violation of international law, and stressed that Russia 'will be held accountable for its actions'. EU leaders also approved politically a new package of ...

Sunset clauses in International Treaties account for numerous benefits. However, their entrenchment effect disproportionally burdens future policymakers. This is the case of the Energy Charter Treaty, which poses unique challenges for two main reasons. First, compared to other treaties, the ECT contains a 20-year sunset clause. Second, the treaty is a multilateral with a rigid amendment procedure, which empowers the entrenchment effect of that treaty. Within this context, the study explores the ...

China has ratified numerous legally binding international agreements. Like other countries, it has a strong incentive to commit itself in this way: international agreements are a means of binding other treaty parties; strengthening international standing; creating a favourable legal framework for trade and investment; and, such as with the 1984 Sino-British Declaration on Hong Kong, settling territorial questions. At the same time, China has been careful to avoid making commitments in two areas in ...