Claiming Restitution of Underwater Cultural Heritage

In disputes concerning objects of great artistic and historical value, the idea of return is linked to the concept of the country of origin of the cultural property. However, once the disputed artwork has left this country, the application of that country’s protectionist law can be problematic. The Getty bronze case in particular reveals the intrinsic divide between the two opposing positions in the debate over restitution of cultural property: “cultural nationalism”, on Italy’s part, and “cultural internationalism”, on the side of ‘marked’ nations. Taking a cue from the long judicial affair of the Getty Bronze, and in particular from the Cassation Court’s decision - which has so far remained uncommented in English - the author examines several issues, such as the determination of the law applicable to the proprietary regime of illegally exported archaeological troves and underwater cultural heritage, the applicability of the Italian protectionist laws and of international conventions; it also analyses the issue of enforcement of the confiscation order abroad, suggesting a possible alternative solution.