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Sleeping Beauty, The Untold Story Of The (First) Protocol To The 1954 Hague Convention

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Chapter Summary

This chapter discusses the Protocol to the 1954 Hague Convention (probably soon to be called the first Protocol). It is a little-known, yet far-reaching instrument that merits more attention than it has so far received. It explores the substantive content of the Protocol that deals with the seizure of artefacts exported illegally from occupied territory. It then analyses the role of the State on whose territory such goods are found, as well as the problems the obligations in the Protocol cause in a national jurisdiction. The chapter addresses the more general issues surrounding the implementation of this Protocol. A domestic court case in the Netherlands triggered the drafting of implementing legislation in 2007, some fifty years after ratification.

Keywords: artefacts; exported illegally; first protocol; Hague Convention; implementation; national jurisdiction; occupied territory; seizure



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