International Private Law Issues on Trade of Cultural Goods

SUMMARY: 1. Introduction: the specific nature of art trade and trade in cultural goods. – 2. The origin of specific rules concerning the protection of artworks and cultural property. – 3. The adoption of international instruments devoted specifically to the protection of cultural heritage, and the emergence of a corresponding international principle. – 4. The internationality of the art market. – 5. International contracts and conflict of laws. – 6. Specific features of international contracts and uniform rules applicable to sale contracts. – 7. Non-binding contractual rules: the so-called non-State law. Incoterms, Documentary credits and UNIDROIT Principles – 8. The uniform international sales regimes: the adoption of the 1980 Vienna Convention on the International Sale of Goods (CISG). – 9. The scope of application of the CISG. – 10. Article 3 of the CISG: the supply of goods to be manufactured or produced. – 11. Article 7 of the CISG: the need for its uniform interpretation and the observance of good faith. – 12. Article 9 of the CISG: reference to usages and practices. – 13. The provisions of the CISG on the formation of the contract. – 14. Obligations of the seller and of the buyer in the CISG. Exemption for force majeure. – 15. Final provisions of the CISG. – 16. The CISG as a model for legislators. – 17. An assessment of the CISG. – 18. The law applicable to international sale contracts: general remarks. – 19. A European perspective from a comparative standpoint: EU Regulation no. 593/2008 on the law applicable to contractual obligations (Rome I). – 20. Scope of application of Rome I Regulation. – 21. Article 3 of the Rome I Regulation: the main connecting factor of party autonomy. – 22. Article 4 of the Rome I Regulation: the law applicable to contracts in the absence of a choice. – 23. Article 9 of the Rome I Regulation: overriding mandatory provisions. – 24. The public policy clause: Article 21 of the Rome I Regulation. – 25. Protection of consumers contracts in the Rome I Regulation. Electronic commerce. – 26. The relationship between the Rome I Regulation and other international instruments. The 1955 Hague Convention on the international sale of goods. – 27. The law applicable to sales by auction of artworks. – 28. Illegality of trade in artworks and cultural objects.