Abstract

This article discusses whether the affirmation of cultural heritage law as a discrete area of international law is reflected in the practice of international courts. It will be argued that existing supranational judicial bodies do not constitute the best means for ensuring protection of cultural heritage and that innovative dispute avoidance strategies should be envisaged. In particular, this article will consider the role of institutional fact-finding, a non-judicial institutional arrangement that can be selected by disputants to clarify controversial factual situations relevant to a ...