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An Important Swiss Decision Relating to the International Transfer of Cultural Goods: The Swiss Supreme Court's Decision on the Giant Antique Mogul Gold Coins

Published online by Cambridge University Press:  30 January 2007

Marc-André Renold
Affiliation:
University of Geneva. Email: Marc-Andre.Renold@droit.unige.ch

Extract

Switzerland is undergoing a period of change from the perspective of fighting the illegal traffic of cultural goods. Effective January 3, 2004, Switzerland has ratified the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property. Furthermore the convention has been put into effect in Switzerland by the adoption of the Federal Act on the International Transfer of Cultural Property (CPTA) and its related ordinance, both of which took effect on June 1, 2005.ACKNOWLEDGEMENTS: I would like to express my thanks to my friend and colleague Professor Bénédict Foëx for his comments, his insight, and our lively discussions about this case. My thanks also go to the editors of the Uniform Law Review, which has published a French version of the present article.Unif. L. Rev./Rev. dr. Unif. (2006): 399.

Type
CASE NOTES
Copyright
© 2006 International Cultural Property Society

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Footnotes

Union de l'Inde contre Crédit Agricole Indosuez (Suisse) SA, Supreme Court decision, April 8, 2005: ATF 131 III 418; Journal des Tribunaux (2006) I 63 (Summary); Semaine Judiciaire (2006) I 152; Praxis (2006), N 42, 310. For a brief comment on this case, see Art-Law Centre News No. 12 (November 2005); see also Schwander, I., “Rechtsprechung zum internationalen Sachen-, Schuld- und Gesellschaftsrecht.” Revue suisse de droit international et européen (2006): 344.