Repatriation and Restitution of Cultural Property: Relevant Rules of International Law

  • Tullio Scovazzi
Living reference work entry


The logical and legal link between appropriation and restitution of cultural properties is self-evident. If appropriation of the properties is illegal, there is an obligation to return them. Any State which is responsible of an internationally wrongful act is bound, first of all, to reestablish the situation that would have existed if the act had not occurred.

The question of restitution of cultural properties (A distinction is sometimes made today between “return,” used in a general sense, and “restitution,” used for stolen or illegally exported properties. The term “repatriation” is also used. But such questions of terminology do not seem important.) is the subject matter of a number of international treaties which have a world scope of application. Their main provisions can today be considered as belonging also to customary international law. The trend toward the restitution is growing, as the result of the application of principles having also a moral and cultural...

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  1. Borelli, S., and F. Lenzerini, eds. 2012. Cultural heritage, cultural rights, cultural diversity. Leiden: Martinus Nijhoff Publishers.Google Scholar
  2. Francioni, F., and J. Gordely. 2013. Enforcing international cultural heritage law. Oxford: Oxford University Press.CrossRefGoogle Scholar
  3. Merryman, J.H. 1986. Two ways of thinking about cultural property. American Journal of International Law 80 (4): 847.CrossRefGoogle Scholar
  4. Nafziger, J.A.R., and A.M. Nicgorski, eds. 2009. Cultural heritage issues: The legacy of conquest, colonization, and commerce. Leiden: Martinus Nijhoff.Google Scholar
  5. Nafziger, J.A.R., and T. Scovazzi, eds. 2008. Le patrimoine culturel de l’humanité – The cultural heritage of mankind. Leiden: A.V.M. Struycken.Google Scholar
  6. Sandholtz, W. 2007. Prohibiting plunder: How norms change. Oxford: Oxford University Press.CrossRefGoogle Scholar
  7. Scovazzi, T. 2011. Diviser c’est détruire: Ethical principles and legal rules in the field of return of cultural property. Rivista di Diritto Internazionale 94 (2): 341.Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  1. 1.International LawUniversity of Milano-BicoccaMilanItaly

Section editors and affiliations

  • Angela Labrador
    • 1
  1. 1.Department of AnthropologyUniversity of Massachusetts AmherstAmherstUSA