This thesis comparatively investigates into the cross-border enforcement of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms to successfully implement these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.
The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
Roger Atwood knows more about the market for ancient objects than almost anyone. He knows where priceless antiquities are buried, who is digging them up, and who is fencing and buying them. In this fascinating book, Atwood takes readers on a journey through Iraq, Peru, Hong Kong, and across America, showing how the worldwide antiquities trade is destroying what's left of the ancient sites before archaeologists can reach them, and thus erasing their historical significance. And it is getting worse. The discovery of the legendary Royal Tombs of Sipan in Peru started an epidemic. Grave robbers scouring the courntryside for tombs--and finding them. Atwood recounts the incredible story of the biggest piece of gold ever found in the Americas, a 2,000-year-old, three-pound masterpiece that cost one looter his life, sent two smugglers to jail, and wrecked lives from Panama to Pennsylvainia. Packed with true stories, this book not only reveals what has been found, but at what cost to both human life and history.
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.
"Cultural heritage has become increasingly "conflict prone". Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by states and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. We have therefore progressed from seeing conflict-related destruction of cultural heritage just as a "cultural tragedy" to understanding it also as a "security issue." It is a shift from protecting cultural property from the harms of war for the sake of cultural property itself to viewing it as intricately connected to the broader peace and security agenda. Concerns about cultural heritage have migrated beyond the cultural sphere to sectors dealing with peace and security and dovetails with issue such the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen our understanding of this evolving nexus between cultural heritage and security in the twenty-first century. It offers a collection of chapters that aims to open new horizons for thinking about the relationship between cultural heritage, security, and international law. Coming from a variety of disciplines and perspectives, the chapters examine a complicated set of relationships between, on the one hand, deliberate violence to cultural heritage in times of conflict, and, on the other, basic societal values, legal principles, protection, and security concerns"--
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.
