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This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.
Alessandro Chechi, Post-doctoral researcher, Art-Law Centre, University of Geneva
Dr Alessandro Chechi is a researcher and teaching assistant at the Art-Law Centre, Faculty of Law, of the University of Geneva (Switzerland). He holds a PhD in International Law from the European University Institute (Florence, Italy) and a LLM from the University College London (United Kingdom). He received his first law degree from the University of Siena (Italy). He is also a lecturer in public international law at the Universite Catholique of Lille (France). He is a reporter for Italy of the Oxford University Press project 'International Law in Domestic Courts'. His fields of research include international cultural heritage law, international dispute settlement, and international organizations.