Protection of Cultural Heritage and Immunity from Execution: What is the Relationship?
Article from: TDM 5 (2013), in Art and Heritage Disputes in International and Comparative Law
This article aims at analyzing the customary and conventional international law sources of the rule of immunity from execution with specific reference to the designation of public real estate for the exercise of governmental functions. A focus will then be put on how certain items of cultural heritage and properties that have been earmarked to help in the promotion of cultural exchange activities could be included in the notion of a public function. Such activities can represent a limit to the exercise of executive jurisdiction of a foreign State. Furthermore, the recent judgement of the ...