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Part IV Procedural and Institutional Aspects, Ch.33 Codes of Ethics

Manlio Frigo

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

Good faith — Ethical standards

This chapter addresses the role of ethical rules in the field of art law and international protection of cultural heritage. The examination of the legal nature of the codes of ethics and of their effectiveness is preceded by the analysis of their role which is frequently twofold. On the one hand, ethical codes can inspire market regulation by establishing or by confirming a catalogue of good practices in this field. This is the case of the CINOA (International Confederation of Art and Antique Dealers) Code of Ethics and the ICOM (International Council for Museums) Code of Ethics. In such cases, the codes of ethics may have a direct and/or an indirect effect to the functioning of the commercial transactions in this sector. Ethical codes may also represent a source of inspiration for the development of law rules, at both national and international levels.

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