Abstract
Abstract
The article is devoted to surveys and analysis the legal mechanisms of cultural property restitution in the Re-public of Peru at the national and international levels. It traces the evolution of Peruvian cultural heritage legis-lation: from Law No. 6634 of 1929 and the constitutional provisions of 1933, 1979, and 1993 to the current Law No. 28296 of 2004. Drawing on Massimo Severo Giannini's theory of split ownership, it reveals the separation between the title to a cultural value physical bearer and the title to this cultural value. Using the Chan Chan, a UNESCO World Heritage site, as a case study, the author argues that high international protective status alone does not secure effective protection absent a differentiated national mechanism. The work further analyzes the practice of realization of the international restitution law: Peru’s participation in the 1970 UNESCO and 1995 UNIDROIT Conventions and the Machu Picchu collection dispute with Yale University, concluding that Peru has shifted from a judicial to a diplomatic-administrative model of restitution.
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@article{Cherkashina2026Legal,
title = {Legal Mechanisms of Cultural Property Restitution in Peru: National and International Levels},
author = {Anastasia V. Cherkashina},
journal = {Теория и практика общественного развития},
year = {2026},
doi = {10.24158/tipor.2026.7.21},
url = {https://doi.org/10.24158/tipor.2026.7.21}
}
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