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Part III General International Law, Ch.26 Cultural Heritage and State Responsibility

Patrizia Vigni

From: The Oxford Handbook of International Cultural Heritage Law

Edited By: Francesco Francioni, Ana Filipa Vrdoljak

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 January 2021

Customary international law — Responsibility of states — Wrongful acts

This chapter determines to what extent international norms on State responsibility may be applied in cases of the violation of international obligations concerning cultural heritage. It determines to which State wrongful behaviour may be attributed; second, which breaches of law consist in wrongful acts; third, whether such responsibility may be precluded; fourth, what consequences arise from the recognition of State responsibility including which persons are entitled to invoke such responsibility. Although cultural heritage treaties do not provide for a distinctive responsibility regime, the Draft Articles on State Responsibility are applicable to wrongful acts arising from the breach of the obligations established by these treaties. Moreover, the breach of the norms relating to cultural heritage, which have been recognized as part of customary international law, entails the application of general principles on State responsibility, including those contained in the Draft Articles. The chapter then considers the principle of ‘responsibility to protect’.

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