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Cultural Heritage plundering: difficulties of juridical conceptualization

This article deals with cultural heritage plundering, beginning with an historical introduction that contextualizes this problem, delving into the lexicographical concept of despoilment -in order to elucidate this notion’s characteristics- and analysing the definition of despoilment provided by article 4 of the Spanish Historical Heritage Law. The paper also offers a comparative study of the concepts and terms related to heritage plundering in other international and national legal regimes. This comparative analysis shows a regulatory dysfunction regarding article 4 of the Spanish Historical Heritage Law, which inappropriately treats heritage plundering as a sectorial question isolated from Administrative Law. We therefore conclude stressing the strong need for harmonising regulations in order to redefine this legally indeterminate concept.



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Keywords: Despoilment. Pillage. Destruction. Theft. Decontextualization. Denaturalization. Plunder. Illicit traffic. Historical Heritage. Cultural Heritage. Spanish Historical Heritage Law. Cultural Properties.

ISSN: 19887213

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