In this Article, I will argue that both of these legal regimes are misconceived. Both regimes assume that cultural property is distinctive or special, and therefore different from ordinary property; however, it turns out that it is hard to make sense of this assumption. There is no good argument for international legal regulation of cultural property, during peacetime or wartime. I argue that the UNESCO Convention likely has perverse effects and that the treatment of cultural property would improve, even during wartime, if the current regime of international regulation were abolished.
Posner, Eric A.
"The International Protection of Cultural Property: Some Skeptical Observations,"
Chicago Journal of International Law:
1, Article 12.
Available at: http://chicagounbound.uchicago.edu/cjil/vol8/iss1/12