Der Einfluss des EG-Rechts auf das Internationale Sachenrecht der Kulturgüter

Throughout the world, international property law is governed by the principle that the rights to an object are subject to the law of the state in which the object is located at the decisive point in time. The increasing smuggling of cultural property has led to a reconsideration of this principle. There is a modern view which is in favor of placing more emphasis on the cultural and legal connection between cultural property and its country of origin. Volker Wiese describes the influence of the European Council directive 93/7/EEC, which deals with the return of cultural objects unlawfully removed from the territory of a member state, on the international private law pertaining to cultural property. In doing so, he focuses on the boundaries of a possible exertion of influence. In the author's opinion, lawmakers in Germany have failed to recognize these effects and have implemented the directive incorrectly. He points out the significance of this incorrect implementation for Germany's possible entry into the UNESCO Convention of 1970.