Cross Border Claims To Cultural Objects

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Cultural Property In Cross Border Litigation

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Author : Mara Wantuch-Thole
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2015-03-10

Cultural Property In Cross Border Litigation written by Mara Wantuch-Thole and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-10 with Law categories.

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.

Cross Border Claims To Cultural Objects

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Author : Evelien Campfens
language : en
Publisher:
Release Date : 2021-10-21

Cross Border Claims To Cultural Objects written by Evelien Campfens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Cultural property categories.

Table of abbreviations -- 1 Introduction -- 2 Private title claims -- 3 The interstate model -- 4 Claims to nazi-looted art -- 5 Colonial looting and indigenous peoples' lost heritage -- 6 Cross-border trade and claims: a synthesis -- 7 Concluding observations -- Table of instruments -- Table of cases -- Selected bibliography -- Other resources -- Annex: original sources.

Cross Border Restitution Claims Of Looted Works Of Art And Cultural Goods

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Author : Christian Salm
language : en
Publisher:
Release Date : 2017

Cross Border Restitution Claims Of Looted Works Of Art And Cultural Goods written by Christian Salm and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

Works of art and cultural goods looted in armed conflicts or wars usually travel across several borders when they are sold. The cross-border character of looted art creates legal challenges for restitution claims as they often concern various national jurisdictions, with differing rules, as well as fragmented and insufficiently defined legal requirements in international and European legal instruments. Against this background, this European Added Value Assessment identifies weaknesses in the existing EU legal system for restitution claims of works of art and cultural goods looted in armed conflicts and wars. Moreover, it outlines potential legislative measures that could be taken at the EU level and that could generate European added value through simplification and harmonisation of the legal system in this area.

Cultural Restitution Claims A Legal Handbook

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Author : James Mather
language : en
Publisher: Bloomsbury Professional
Release Date : 2021-04-22

Cultural Restitution Claims A Legal Handbook written by James Mather and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.

Many have talked of a 'new wave' of restitution claims prompted by the Sarr-Savoy report. This has been further enhanced by the announcement by the Open Society Foundation in November 2019 of $15 million of support for action to restore objects to Africa, including through litigation. A series of formal claims to European museums for the return of objects was reported in 2019. The sustained high level of public interest in the restitution debate, combined with the generally stubborn response of host nations, suggests that this pattern will continue. Cultural Restitution Claims: A Legal Handbook provides a concise and practical account of the international law relevant to cross-border claims for the restitution of cultural property. It covers both the supranational legal framework and the domestic legal position in a number of key jurisdictions, namely the UK, US, Switzerland, France, Germany, Italy, Spain and China, drawing on the expertise of practitioners in those jurisdictions. It also relates the present state of the law to the evolving political and ethical debate and engages in critical comparison of the position in different jurisdictions. The book serves as a practical resource for those asserting or responding to claims for the return of objects, whether in the context of formal litigation or otherwise, as well as for those with a professional or policy interest in the restitution debate.

Art Adventure And Advocacy

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Author : Norman Palmer
language : en
Publisher: Institute of Art and Law
Release Date : 2015

Art Adventure And Advocacy written by Norman Palmer and has been published by Institute of Art and Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Cultural property categories.

This book provides a bird's eye view of contemporary issues in art claims and litigation. It outlines the legal machinery driving the cross-border movement of cultural objects and explores the questions that come to light when art travels globally. Along the way, the book explains the role of national legislation in the protection of cultural objects, and offers guidance on the drafting of art-related agreements. While the focus of this survey is on tangible art and other forms of cultural wealth, the book refers to intellectual property rights and their relationship with physical things. It enables art owners and administrators, along with the communities and governments to which they answer, to develop an understanding of the vast scope and variety of art disputes. Readers will also learn the need for prudence and foresight in any dealings in art. Art, Adventure and Advocacy clearly demonstrates, by use of examples, why it is preferable to take legal advice before the event than to suffer litigation and loss afterwards. [Subject: International Law, Art Law, Cultural Heritage Law, Antiquities Law, Intellectual Property Law]

Reading Between The Borderlines

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Author : Gillian Roberts
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2018-12-30

Reading Between The Borderlines written by Gillian Roberts and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-30 with Social Science categories.

Is Superman Canadian? Who decides, and what is at stake in such a question? How is the Underground Railroad commemorated differently in Canada and the United States, and can those differences be bridged? How can we acknowledge properly the Canadian labour behind Hollywood filmmaking, and what would that do to our sense of national cinema? Reading between the Borderlines grapples with these questions and others surrounding the production and consumption of literary, cinematic, musical, visual, and print culture across the Canada-US border. Discussing a range of popular as well as highbrow cultural forms, this collection investigates patterns of cross-border cultural exchange that become visible within a variety of genres, regardless of their place in any arbitrarily devised cultural hierarchy. The essays also consider the many interests served, compromised, or negated by the operations of the transnational economy, the movement of culture's "raw material" across nation-state borders in literal and conceptual terms, and the configuration of a material citizenship attributed to or negotiated around border-crossing cultural objects. Challenging the oversimplification of cultural products labelled either "Canadian" or "American," Reading between the Borderlines contends with the particularities and complications of North American cultural exchange, both historically and in the present.

Resolution Of Cultural Property Disputes

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Author : Permanent Court of Arbitration. International Bureau
language : en
Publisher: Hague : Kluwer Law International ; [Zürich] : Schulthess
Release Date : 2004

Resolution Of Cultural Property Disputes written by Permanent Court of Arbitration. International Bureau and has been published by Hague : Kluwer Law International ; [Zürich] : Schulthess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.

The papers collected in this volume represent the work of the Permanent Court of Arbitration's 7th International Law Seminar, The Resolution of Cultural Property Disputes, held at the Peace Palace in The Hague in the spring of 2003 and attended by world-renowned legal experts and professionals from art institutions. The looting of the National Museum of Iraq in Baghdad during the Second Gulf War is only the most recent example of the depredation of cultural property that can be part of the tragic human cost of war. Brazen pillage causes the world an irretrievable loss of significant information about our universal past. Given the magnitude of the problem, it is surprising how little international jurisprudence there is in this field. Furthermore, more than 50 years on, many Holocaust-era cases of looted or stolen art remain unresolved and continue to emerge. In this volume, several authors discuss the range of resources, such as internet databases, now available for art provenance research, especially for cases related to World War II. Cultural property disputes raise complicated questions that enter into many spheres, including history, national and international law, and of course, the marketplace. Because of the wide variety of legal norms and the cross-border nature of most cultural property claims, complicated conflict of law issues inevitably arise. As several of the authors in this volume note and examine from various angles, cultural property claims run up against differing and sometimes prohibitive limitation periods, evidentiary standards, not to mention competing claims of good faith acquisition of property. Several of the authors note that traditional legal norms are often incapable of addressing the special problems of cultural property and recommend the institution of special arbitral regimes equipped with unique substantive and procedural rules capable of handling such cases.

A Framework For Resolution Of Claims For Cultural Objects

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Author : L. Young
language : en
Publisher:
Release Date : 2006

A Framework For Resolution Of Claims For Cultural Objects written by L. Young and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.

The 1970 Unesco And 1995 Unidroit Conventions On Stolen Or Illegally Transferred Cultural Property

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Author : Ana Filipa Vrdoljak
language : en
Publisher: Oxford University Press
Release Date : 2024-02-29

The 1970 Unesco And 1995 Unidroit Conventions On Stolen Or Illegally Transferred Cultural Property written by Ana Filipa Vrdoljak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-29 with Law categories.

Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.

The Routledge Handbook Of Heritage And The Law

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Author : Lucas Lixinski
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-14

The Routledge Handbook Of Heritage And The Law written by Lucas Lixinski and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-14 with Art categories.

The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways. Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared. The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license