Derek Fincham interviews Legal Counsel in Ministry of Foreign Affairs of the Kingdom of the Netherlands
Setting down to write, what was your aim with ‘State Immunity and Cultural Objects on Loan’?
Some years ago, it occurred to me that it was not clear whether States actually knew what the current state of affairs was with regard to immunity from seizure of cultural objects belonging to foreign States while on loan abroad. In 2004 the convention on jurisdictional immunities of States and their property had been established under auspices of the United Nations, addressing, among other things, immunity for cultural State property on loan. But that convention has not yet entered into force. I thus considered it necessary to investigate whether another rule of international law was already applicable: a rule of customary international law. After all, that rule would be binding upon States, without necessarily becoming a party to a convention.
For the full interview, visit Illicit Cultural Property Blog.