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Chicago Journal of International Law

Abstract

This Comment will proceed in four parts. The first section will provide a contextual overview of the international art market, the cultural property debate, and the culture of acquisition to show what is at stake and why these issues are important. The second section will examine the legal framework, including the current international conventions, and the US cultural property regime. This section will also expound upon the legal issues surrounding claims by source nations for restitution from American institutions. The third section will detail the Italian cultural property regime, the circumstances surrounding the Krater, and the Accord, which form a basis for the Italian Model ("Model"). The fourth section will assess whether the Model is replicable, and separately, its potential impact on the international art market. The final section will conclude by suggesting that the Model may initiate and form the basis of a dialogue between museums and source nations.

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