Der Abwanderungsschutz von Kulturgütern im Lichte der Freihandelsordnungen von AEUV und GATT

The tension between free trade and the protection of cultural goods manifests in the term cultural good expressing its double character: on the one hand its cultural value and on the other hand its capital value that is responsible for the qualification of cultural goods as goods for the purpose of international free trade. In this regard the author examines the consistency of national regulations for the protection of cultural goods and the frameworks of the inner-European Market and the General Agreement on Tariffs and Trade and argues in support of an cultural exception. Hereby national states should be allowed to determine which national cultural goods shall be objects for free international trade.