Frank Fechner

The fundamental aims of cultural property law

The law of cultural property is primarily based on the interests of the states concerned. If a cultural object is of high monetary or identificatory value, states will contest the ownership, and many of these cases are resolved by compromise. If a cultural object is of less monetary or identificatory value, states often neglect its preservation. Yet the law for protection of cultural property should not only be a method for the arbitration of national interests but should also take into account the interests of humankind in general, including preservation of the object in its original context, public accessibility, and the scientific, historic and aesthetic interests that can be associated with an object. While some states are unable to protect their cultural heritage, especially in times of war, public international law does not prevent a state from destroying its cultural heritage. Cultural heritage law is developing rapidly, and national laws and international conventions are in the process of creation. At this time, the author posits, it is therefore necessary to consider the reasons for the protection of cultural objects.