Law, Policy and Practice
Author: Barbara T. Hoffman
Publisher: Cambridge University Press
View: 6918Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.
Illegal Trafficking in Cultural Property
Author: Stefano Manacorda,Duncan Chappell
Publisher: Springer Science & Business Media
Category: Social Science
View: 9613The theft, trafficking, and falsification of cultural property and cultural heritage objects are crimes of a particularly complex nature, which often have international ramifications and significant economic consequences. Organized criminal groups of various types and origins are involved in these illegal acts. The book Crime in the Art and Antiquities World has contributions both from researchers specializing in the illegal trafficking of art, and representatives of international institutions involved with prevention and detection of cultural property-related crimes, such as Interpol and UNESCO. This work is a unique and useful reference for scholars and private and public bodies alike. This innovative volume also includes an Appendix of the existing legal texts, i.e. international treaties, conventions, and resolutions, which have not previously been available in a single volume. As anyone who has undertaken research or study relating to the protection of cultural heritage discovers one of the frustrations encountered is the absence of ready access to the multi- various international instruments which exist in the field. Since the end of the Second World War these instruments have proliferated, first in response to increasing recognition of the need for concerted multinational action to give better protection to cultural property during armed conflict as well as ensuring the repatriation of cultural property looted during such conflict. Thus the international community agreed in 1954 upon a Convention for the Protection of Cultural Property in the Event of Armed Conflict. That Convention, typically referred to as the Hague Convention of 1954, is now to be found reproduced in the Appendix to this book (Appendix I) together with 25 other important and diverse documents that we believe represent a core of the essential international sources of reference in this subject area. In presenting these documents in one place we hope that readers will now experience less frustration while having the benefit of supplementing their understanding and interpretation of the various instruments by referring to individual chapters in the book dealing with a particular issue or topic. For example, Chapter 9 by Mathew Bogdanos provides some specific and at times rather depressing descriptions of the application in the field of the Hague Convention 1954, and its Protocols (Appendices II and III), to the armed conflict in Iraq. Reference may also be had to the resolution of the UN Security Council in May 2003 (Appendix VI) urging Member States to take appropriate steps to facilitate the safe return of looted Iraqi cultural property taken from the Iraq National Museum, the National Library and other locations in Iraq. Despite such pleas the international antiquities market seems to have continued to trade such looted property in a largely unfettered manner, as demonstrated by Neil Brodie in Chapter 7. Fittingly, as referred to in the Preface to this book, the last document contained in the Appendix (Appendix 26) is the “Charter of Courmayeur”, formulated at a ground breaking international workshop on the protection of cultural property conducted by the International Scientific and Professional Advisory Council (ISPAC) to the United Nations Crime Prevention and Criminal Justice Program in Courmayeur, Italy, in June 1992. The Charter makes mention of many of the instruments contained in the Appendix while also foreshadowing many of the developments which have taken place in the ensuing two decades designed to combat illicit trafficking in cultural property through international collaboration and action in the arena of crime prevention and criminal justice.
Australasian, European and North American Perspectives
Author: Duncan Chappell,Saskia Hufnagel
View: 5434In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.
Author: Francesco Francioni,James Gordley
Publisher: Oxford University Press
View: 4415Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.
Terrorists, Tomb Raiders, Forgers and Thieves
Author: Noah Charney
Category: Social Science
View: 9342Since the Second World War, art crime has shifted from a relatively innocuous, often ideological crime, into a major international problem, considered by some to be the third-highest grossing criminal trade worldwide. This rich volume features essays on art crime by the most respected and knowledgeable experts in this interdisciplinary subject.
Art Theft, Looting, and Other Crimes Against our Cultural Heritage
Author: Colleen Margaret Clarke,Eli Jacob Szydlo
Publisher: Rowman & Littlefield
Category: True Crime
View: 3727Art and cultural crime is a looming criminal enterprise with estimated losses of billions of dollars annually. How do these crimes happen? How prevalent are these crimes today? Stealing History looks at the security and policing surrounding these crimes, and how there is room for improvement to prevent more of history from being stolen.
International Recovery and Criminal and Civil Liability
Author: Janet Ulph,Ian Smith
Publisher: Bloomsbury Publishing
View: 1134This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.
An Overview and Analysis of Contemporary Perspectives and Trends
Author: Joris Kila,Marc Balcells
View: 1035In "Cultural Property Crime," experts from a wide range of disciplines provide analytical insights into classical and contemporary criminal acts that affect our cultural heritage worldwide, both in peace and wartime.
Exploring the Dark Side of the Art World
Author: Noah Charney
Category: Social Science
View: 6274Through the use of case examples and careful examination, this book presents the first interdisciplinary essay collection on the study of art crime, and its effect on all aspects of the art world. Contributors discuss art crime subcategories, including vandalism, iconoclasm, forgery, fraud, peace-time theft, war looting, archaeological looting, smuggling, submarine looting, and ransom. The contributors offer insightful analyses coupled with specific practical suggestions to implement in the future to prevent and address art crime. This work is of critical importance to anyone involved in the art world, its trade, study, and security. Art crime has received relatively little attention from those who study art to those who prosecute crimes. Indeed, the general public is not well-aware of the various forms of art crime and its impact on society at large, to say nothing of museums, history, and cultural affairs. And yet it involves a multi-billion dollar legitimate industry, with a conservatively-estimated $6 billion annual criminal profit. Information about and analysis of art crime is critical to the wide variety of fields involved in the art trade and art preservation, from museums to academia, from auction houses to galleries, from insurance to art law, from policing to security. Since the Second World War, art crime has evolved from a relatively innocuous crime, into the third highest-grossing annual criminal trade worldwide, run primarily by organized crime syndicates, and therefore funding their other enterprises, from the drug and arms trades to terrorism. It is no longer merely the art that is at stake.
Author: Alessandro Chechi
Publisher: OUP Oxford
View: 1180The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.
Author: Tom Bazley
View: 5867This book offers a revealing look at the full scope of criminal activity in the art world-a category of crime that is far more pervasive than is generally realized. * Comprises 10 chapters covering the various types of crimes common in the art world, from forgeries to theft to vandalism * Includes case studies throughout to explore the characteristics of art crime * Provides a bibliography of important books on the subject of art crime * An index of important words and terms emphasizes works of art and artists covered in the book, along with terms unique to art and art crime
Author: Michael Anton
Publisher: Walter de Gruyter
View: 3602Band 1 eröffnet dem Leser die ganze Tragweite des illegalen Kulturgüterverkehrs aus tatsächlicher wie rechtlicher Sicht und verdeutlicht, in wie vielen Konstellationen die Handbücher zum Kulturgüterschutz und Kunstrestitutionsrecht für Museen, Kunsthandel, Auktionswesen und Privatsammler, insbesondere aber auch für öffentliche Institutionen, Behörden und ausländische Botschaften anwendbar sind.
Author: Sébastien Jodoin,Marie-Claire Cordonier Segger
Publisher: Cambridge University Press
View: 8964Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
Author: John G. Sprankling
Publisher: OUP Oxford
View: 1422Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
cultural property law and practice in the People's Republic of China
Author: J. David Murphy
Publisher: Oxford University Press, USA
View: 7140In recent years, a lucrative international market has developed for antiquities and art of historical and cultural value brought out of china. This book examines Chinese law and practice regarding the protection and trade of cultural property. The author, a lecturer on the Faculty of Law at the University of Hong Kong, argues persuasively that China's restrictive laws governing the export of antiquities, combined with the current economic climate in the country, serve to foster the illicit trading that has been fed by tomb-robbing and museum thefts on a massive scale. This is the first book to present and explain systematically and clearly China's cultural property laws and the first to discuss the legal and international market implications of China's attitudes and practice toward cultural property. It will be a necessary reference for museum curators and administrators, lawyers engaged in cultural property disputes, and collectors of art and antiquities worldwide.
International, Comparative, and Indigenous
Author: James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Publisher: Cambridge University Press
View: 3696"A unique collection of materials and commentary on cultural law that demonstrates the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues"--Provided by publisher.
Guidelines for Making Records that Describe Art, Antiques, and Antiquities
Author: Robin Thornes,Peter G. Dorrell,Henry Lie,Peter Lie
Publisher: Getty Publications
View: 9618The illicit trade in art and other cultural objects now constitutes one of the most prevalent categories of international crime. Law-enforcement agencies have long recognized that documentation is critical to the protection and recovery of these objects. Standards were needed that would make it possible for information on stolen objects to move easily across electronic networks and, at the same time, that would be intelligible to law enforcement and art communities alike. Developed through the collaboration of museums, police and customs agencies, the art trade, the insurance industry, and appraisers of art and antiques, Object ID is an international standard that defines the minimal information needed to identify art, antiques, and antiquities. Introduction to Object ID summarizes the evolution of Object ID, explains its nine categories, and offers guidelines for using them. The book provides suggestions for writing descriptions of objects and includes a brief discussion of five additional categories that some institutions opt to employ. The second part of the book sets out guidelines for choosing viewpoints, selecting backgrounds, and positioning lighting when documenting cultural objects with photography. The Introduction to series acquaints professionals and students with the complex issues and technologies in the production, management, and dissemination of cultural heritage information resources.
Author: Ioana Cismas
Publisher: OUP Oxford
View: 1232This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.