Busol K. The Evolution and Tendencies of Development of the International Legal Protection of Cultural Property.

The thesis analyses the history of international legal cooperation in the field of cultural property protection, principal practical issues of cultural property protection under International Law, as well as the most up-to-date tendencies in the field of international legal protection of cultural property. In particular, the thesis looks into the evolution of international treaty and institutional mechanisms of cultural property protection from the ancient times till nowadays. As regards the principal practical issues of cultural property protection under International Law, the еrga omnes obligations of a state to protect its own cultural heritage are analysed, the correlation between legal and moral aspects of the settlement of restitution disputes is examined, the unique international legal regulation of cultural heritage of cultural heritage of indigenous peoples is explored and the development of the concept of International Law of Cultural Property Protection is argued. Great attention is paid to the analysis of the evolution of restitution and repatriation of artworks, in particular to the Ukrainian aspect of this issue. The thesis argues that Ukraine acts in good faith and acts quite actively to settle any restitution claims addressed to it. It determines that Russia, Poland, Germany, Baltic countries and Hungary are one of the most important agents for Ukraine when it comes to the issue of art repatriation and restitution. The thesis demonstrates that Ukraine favours the conclusion of bilateral agreements that contain, inter alia, the clauses on restitution. Ukraine also establishes bilateral commissions (e.g. the one created together with Germany) with a view to receiving professional advice on restitution matters and foster the process of the return of artworks. Among the weaknesses of state policy of Ukraine in the field of art repatriation and restitution, the thesis argues, there is the lack of political will to claim Ukrainian artefacts back. It is demonstrated that Ukraine is not equally eager in tuning legal and political dialogue for the return of its own artefacts as it is in giving back cultural objects that have been illegally brought to its territory. The study includes a comprehensive legal analysis of International Law and national laws in the field of circulation and protection of artworks both during the peace times and in times of armed conflict. Also, this thesis is the first one to analyse and provide recommendations about international legal regulation of the status and protection of cultural property on the territory of the occupied Autonomous Republic of Crimea and in certain areas of the Donetsk and Luhansk regions.