• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

International Law on the Return of Cultural Property

Student: Pogrebnyak Vera

Supervisor: Vladislav Starzhenetsky

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2018

This master’s thesis examines international law on the return and restitution of cultural property. It was a very important issue for Russia and other European countries due to outcomes of the Second World War. During the war lots of the artifacts in their territories were destroyed, looted or exported by the Nazis, and after the war a large number of cultural property objects were exported by the winner states from the territory of Germany. Thus, nowadays the problems of looted cultural property return still arise. This paper consists of three parts. The first part is devoted to the history and development of legal norms regulating relations of states in the area of cultural cooperation. It also includes classification of international law instruments related particularly to cultural heritage aspects. The second part explores a set of international legal, moral and ethical norms devoted to the solution of the problem of the return of stolen, illegally exported or looted cultural property, explaining legal grounds for the obligation to return the objects. Both classic and alternative dispute resolution methods are introduced for the solution of the main problem. The third part provides the analysis of the applicable legislation of the Russian Federation in the area of culture, and also considers several practical problems related to the return of cultural property associated with some historical events, such as the Great Patriotic War, the disintegration of the Soviet Union of the Socialist Republics and the reunification of the Crimea with Russia. In the end, the author concludes that along with the well-developed cultural heritage law addressing the problems of restitution and return of cultural property, it is also necessary to take into account the moral and ethical norms emerged and developed in the area of cultural cooperation.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses