الاليات الدولية لاسترداد الممتلكات الثقافية : دراسة تطبيقية على الممتلكات الثقافية العراقية
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Date
2017-08-20
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Abstract
The study dealt with the definition of the concept of the recovery of
cultural property, in accordance with a precise presentation of the most
important international conventions that defined this concept. It then
proceeded to put forward the principles governing restitution, especially
the principle of international law, the principle of territoriality and their
impact on the principle of restitution. In view of the existence of formal
and objective conditions to complete the implementation of this principle,
while acknowledging the existence of criticism of each of these
conditions, which may lead to the release of the condition or the whole
subject of its content, that the suspicion of Iraq from the illegal trading of
cultural property and difficulties In restitution This shows the multiplicity
and diversity of means of recovery, which shows the urgent need to
indicate the way for governments, organizations and stakeholders to
contribute to the recovery of Iraqi cultural property by determining the
mechanisms that can be followed for the recovery of such property, in
the chaos of legislation and the lack of knowledge of the mechanisms
and means that Through which the Iraqi state can restore its lost
heritage as the international legislations concerned have agreed on the
right of Iraq to recover its cultural property through national and
international means. The legal necessity is to activate the UN Security
Council resolutions and regulations. Competent in order to prevent the
trafficking of Iraqi cultural property and work to bring it back, and the
conclusion of bilateral agreements in order to recover as much as
possible from our property located abroad, because some states provide