The prohibition of the destruction of cultural property in peace-time is the erga omnes obligation.The prohibition of the cultural heritage destruction reflects the interest of the whole international community[33]. It is reflected in a great majority of international documents e.g., preamble to the World Heritage convention states that the rules "concerning cultural and natural property rights demonstrate the importance for all people of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong... [P]arts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as a part of the world heritage of a mankind at whole.[34]" Also, 1972 UNESCO Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage: "every country in whose territory there are the components of the cultural... heritage has an obligation to safeguard this part of mankind's heritage and to ensure that it is handed down to future generations."[35] If the Court decides that Blyn, and consequently, Chiquita monument belongs to the PRC, then the PRC allegedly failed to comply with the erga omnes obligation. Thus, the Banana Republic can bring up a claim against the PRC for non-compliance with the erga omnes obligation.
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