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State responsibility for the destruction of cultural property under international law

Sylwia Stryjkowska

Abstract

The basic aim of the dissertation is to present and analyse principles of state responsibility for the destruction of cultural property. This issue was tackled as a specialized “subsystem” within the system of general international law of state responsibility, for which the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) are the main point of reference. The main research problem is to study the specificity of analysed regime of state responsibility. The research focuses on the sources, principles and content of state responsibility for the destruction of cultural property. Furthermore, referring to the phenomenon of fragmentation of international law and acknowledging peculiarities of specific regimes of responsibility, it examines whether existing general international law of state responsibility formulated in ARSIWA meets the requirements of a new legal relationship arising from the breach of an international obligation to protect cultural property.
Record ID
UAMa8b39a6fb2d24378884ffa1b62b804d9
Diploma type
Doctor of Philosophy
Author
Title in Polish
Prawnomiędzynarodowa odpowiedzialność państwa za niszczenie dóbr kultury
Title in English
State responsibility for the destruction of cultural property under international law
Language
pol (pl) Polish
Certifying Unit
Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)
Scientific discipline (2.0)
5.7 law
Status
Finished
Year of creation
2021
Defense Date
19-10-2021
Title date
19-10-2021
Supervisor
Pages
326
URL
https://hdl.handle.net/10593/26444 Opening in a new tab
Keywords in English
public international law; legal protection of cultural property; destruction of cultural property; international responsibility of states
Abstract in English
The basic aim of the dissertation is to present and analyse principles of state responsibility for the destruction of cultural property. This issue was tackled as a specialized “subsystem” within the system of general international law of state responsibility, for which the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) are the main point of reference. The main research problem is to study the specificity of analysed regime of state responsibility. The research focuses on the sources, principles and content of state responsibility for the destruction of cultural property. Furthermore, referring to the phenomenon of fragmentation of international law and acknowledging peculiarities of specific regimes of responsibility, it examines whether existing general international law of state responsibility formulated in ARSIWA meets the requirements of a new legal relationship arising from the breach of an international obligation to protect cultural property.

Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAMa8b39a6fb2d24378884ffa1b62b804d9/
URN
urn:amu-prod:UAMa8b39a6fb2d24378884ffa1b62b804d9

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