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"A Proposal to Improve the Protection of New Zealand’s Movable Cultural Heritage by Means of a Statutory Trust"

This article examines and evaluates the effectiveness of the Protection of Movable Cultural Heritage Bill, focusing on the recovery of illegally exported cultural property with reference to the private international law principles of unenforceability of foreign penal and other public laws. The author proposes the creation of a statutory trust, which would accord with charitable trust principles, as a more effective means to recover illegally exported cultural objects through proceedings in overseas courts.

Author
Jonathan Keate
Published in
Victoria University of Wellington Law Review
Year
1993
Volume
23
Pages
97-124

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