This chapter is prepared as part of the project conducted under the bilateral protocol between the Turkish Scientific and Technological Research Council (TÜBİTAK) and Slovenian Research Agency (ARIS) titled “Project on the Comparison of Slovenian and Turkish Laws on the Mechanisms of the Settlement of Cultural Property Disputes”. The aim of the project is to compare simple, fast, flexible, and fair mechanisms for resolving disputes over stolen and lost cultural property. As practice has shown, such disputes can persist for decades, sometimes leading to conflicts between States and diplomatic crises. Therefore, this project seeks to establish efficient and equitable resolution mechanisms to protect cultural property and serve the interests of all relevant stakeholders. Diffrences in national laws and administrative structures governing cultural property also shape how quickly and smoothly dispute settlemnt mechanisms function. Accordingly prior to comparing the settlement mechanisms of two countries, their legal frameworks concerning cultural property will first examined. The Report will then describe and compare the administrative bodies responsible for cultural property protection in both countries. The final section will outline the dispute resolution mechanisms used in both nations, including both judicial and alternative methods.. The study will conclude with comments and final remarks on the deficiencies and shortcomings in the legislation and administrative structures of both countries.

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Report the Comparison of Turkish and Slovenian Laws on Cultural Property: National Legislations, International Treaties, Administrative Structures, and Dispute Resolution Mechanisms

  • Nuray Ekşi,
  • Tadeja Jere Jakulin,
  • Miha Bratec

摘要

This chapter is prepared as part of the project conducted under the bilateral protocol between the Turkish Scientific and Technological Research Council (TÜBİTAK) and Slovenian Research Agency (ARIS) titled “Project on the Comparison of Slovenian and Turkish Laws on the Mechanisms of the Settlement of Cultural Property Disputes”. The aim of the project is to compare simple, fast, flexible, and fair mechanisms for resolving disputes over stolen and lost cultural property. As practice has shown, such disputes can persist for decades, sometimes leading to conflicts between States and diplomatic crises. Therefore, this project seeks to establish efficient and equitable resolution mechanisms to protect cultural property and serve the interests of all relevant stakeholders. Diffrences in national laws and administrative structures governing cultural property also shape how quickly and smoothly dispute settlemnt mechanisms function. Accordingly prior to comparing the settlement mechanisms of two countries, their legal frameworks concerning cultural property will first examined. The Report will then describe and compare the administrative bodies responsible for cultural property protection in both countries. The final section will outline the dispute resolution mechanisms used in both nations, including both judicial and alternative methods.. The study will conclude with comments and final remarks on the deficiencies and shortcomings in the legislation and administrative structures of both countries.