The Greek Bronze’s Journey Home to Italy: The European Court of Human Rights’ Decision in Getty v Italy

Abstract

In the spring of 2024, the European Court of Human Rights (ECHR) rendered a significant judgment concerning the restitution of cultural property in the case of Getty v Italy. This case highlights the complex interplay between state sovereignty and international cultural heritage obligations. The decision represents a landmark in the ECHR’s jurisprudence on cultural property since it affirms that states have discretion in protecting cultural heritage. At the same time, one must consider whether the Court has perhaps left the door for states’ restitution claims too widely ajar. This study aims to elucidate the significance of this decision in the context of international trends concerning legal disputes over cultural property. To achieve this, we will first outline the emergence of cultural heritage law within human rights instruments. Our analysis will then highlight critical issues addressed by the Court in Getty v. Italy, including the assessment of export regulations, the enforceability of national provisions aimed at protecting cultural heritage and the temporal scope of such regulations. Finally, we will underscore the broader significance of the decision.