Crimes Against Art

International Art and Cultural Heritage Law

Author: Bonnie Czegledi

Publisher: Carswell Legal Publications

ISBN: 9780779823161

Category: Biography & Autobiography

Page: 488

View: 1981

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Art and Cultural Heritage

Law, Policy and Practice

Author: Barbara T. Hoffman

Publisher: Cambridge University Press

ISBN: 9780521857642

Category: Law

Page: 562

View: 613

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Art 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.
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Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime

Australasian, European and North American Perspectives

Author: Duncan Chappell,Saskia Hufnagel

Publisher: Routledge

ISBN: 1317160576

Category: Law

Page: 290

View: 1789

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In 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.
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Enforcing International Cultural Heritage Law

Author: Francesco Francioni,James Gordley

Publisher: Oxford University Press

ISBN: 0199680248

Category: Law

Page: 259

View: 1362

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Cultural 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.
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Crime in the Art and Antiquities World

Illegal Trafficking in Cultural Property

Author: Stefano Manacorda,Duncan Chappell

Publisher: Springer Science & Business Media

ISBN: 9781441979469

Category: Social Science

Page: 454

View: 7061

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The 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.
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The Illicit Trade in Art and Antiquities

International Recovery and Criminal and Civil Liability

Author: Janet Ulph,Ian Smith

Publisher: Bloomsbury Publishing

ISBN: 1509905456

Category: Law

Page: 352

View: 5706

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This 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.
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Stealing History

Art Theft, Looting, and Other Crimes Against our Cultural Heritage

Author: Colleen Margaret Clarke,Eli Jacob Szydlo

Publisher: Rowman & Littlefield

ISBN: 1442260807

Category: True Crime

Page: 220

View: 9352

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Art 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.
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Art and Crime: Exploring the Dark Side of the Art World

Exploring the Dark Side of the Art World

Author: Noah Charney

Publisher: ABC-CLIO

ISBN: 0313366365

Category: Social Science

Page: 261

View: 9294

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Through 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.
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The Settlement of International Cultural Heritage Disputes

Author: Alessandro Chechi

Publisher: OUP Oxford

ISBN: 0191009083

Category: Law

Page: 400

View: 8337

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The 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.
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Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: OUP Oxford

ISBN: 0191018678

Category: Political Science

Page: 536

View: 2193

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This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.
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