Banca de DEFESA: Pedro Henrique Monteiro de Barros da Silva Néto

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Pedro Henrique Monteiro de Barros da Silva Néto
DATE: 29/02/2024
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ YmEzOWYxNzEtNmUzMS00OTZkLTg4OWMtM2UwODVjYjQ
TITLE:

Cultural heritage. Restitution. Bona fide purchases. Lex rei sitae. Harmonization of private international law.

KEY WORDS:

Cultural heritage. Restitution. Bona fide purchases. Lex rei sitae. Harmonization of private international law.

PAGES: 67
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation assumes that, although there is a robust set of norms and principles of public international law to regulate the circulation and trade of cultural goods, there are some insufficiencies of the international regime to give effectiveness to the protection of the cultural heritage of humanity in a way that general. This is because there are relevant issues of private international law pending harmonization and acceptance by international society, such as determination of jurisdiction, determination of applicable law, prevalence of certain principles and customs within the scope of international cultural heritage law and even difficulties in applying foreign law in the domestic sphere.

The objective of the present work is to critically review the set of norms and principles present today for the protection of cultural heritage during conflicts and in times of peace, in order to assess how the restitution and recovery of cultural assets have been carried out in practice. This is intended through the application of a methodology of analysis and study of cases and judgments relating to resolving disputes involving cultural assets in different contexts, as well as through a bibliographic survey in doctrine and multilateral treaties aimed at protecting cultural heritage.

As a basic premise for the proposed study, it is noteworthy that cultural assets have particular aspects of public law, given the objective of their preservation for the global community, but also of private law in relation to their use and enjoyment by an individual or state. As an expected result, the importance of private international law was demonstrated through the harmonization of tools and mechanisms related to dispute resolution to enable legal security in transactions involving cultural goods and the repatriation of such goods in the case of illicit operations in the art market.

COMMITTEE MEMBERS:
Externo à Instituição - MARCILIO TOSCANO FRANCA FILHO - UFPB
Externo à Instituição - MIROSLAW MICHAL SADOWKI - STRATH-UK
Interna - 2720249 - GABRIELA GARCIA BATISTA LIMA MORAES
Presidente - 1874025 - INEZ LOPES MATOS CARNEIRO DE FARIAS