Art and Cultural Heritage

Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 0521857643
Release Date: 2006
Genre: Law

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.

Zivilrecht Guter Glaube im internationalen Kunsthandel

Author: Michael Anton
Publisher: Walter de Gruyter
ISBN: 9783899497250
Release Date: 2010-05-27
Genre: Law

Volume 2 of this handbook comments on the protection of cultural goods from the civil law perspective and examines the ways and means of restitution for cultural goods obtained illegally. The reader is provided with comprehensive checklists to determine the legally required standards for the acquisition of artwork and cultural goods. Possible restitution obligations, economic losses and claims for damage in regard to the trade of tainted objects as well as criminal sanctions, penalty charges and internal association sanctions are explained in detail.

Zivilrecht Guter Glaube im internationalen Kunsthandel

Author: Michael Anton
Publisher: Walter de Gruyter
ISBN: 9783899497243
Release Date: 2010
Genre: Law

Volume 2 of this handbook comments on the protection of cultural goods from the civil law perspective and examines the ways and means of restitution for cultural goods obtained illegally.The reader is provided with comprehensive checklists to determine the legally required standards for the acquisition of artwork and cultural goods. Possible restitution obligations, economic losses and claims for damage in regard to the trade of tainted objects as well as criminal sanctions, penalty charges and internal association sanctions are explained in detail.

Internationales Kulturg terprivat und Zivilverfahrensrecht

Author: Michael Anton
Publisher: Walter de Gruyter
ISBN: 9783899497274
Release Date: 2011-01-01
Genre: Law

Volume 3 does particular justice to the international aspect of cultural goods protection and art restitution law. Firstly, the civil law claims system, possible means of defense against unjust art restitution claims and counterclaims of parties legally obliged to restitution are addressed. The second core issue of this work involves international cultural goods civil procedural law and the question of which formal and procedural particularities exist in regard to art restitution law suits. The examination also focuses on international cultural goods private law and the question significant to daily practice, namely: which national civil law system applies in the event of art restitution procedures?

Money Laundering Through Art

Author: Fausto Martin De Sanctis
Publisher: Springer Science & Business Media
ISBN: 9783319001739
Release Date: 2013-06-13
Genre: Social Science

​The art world has been discovered by criminals as an effective way for money laundering and other clandestine activities on an international level. Unfortunately, in most countries investigators, prosecutors, judges, and regulatory agencies are not equipped to accurately detect, investigate and prosecute this type of criminal activity. Also, regulation and international laws and treaties involving the art world have many loopholes that can potentially lead to the laundering of large sums of money. This book provides a bird’s eye view of novel ways in which money laundering happens through illegal activities involving art. It can serve as a guide for law enforcement, prosecutors, judges, and others involved in efforts to curb money laundering and financing of terrorism, revealing why somehow new techniques used by criminals have been neglected by law enforcement in most countries. Drawing from his own experience with the matter in both Brazil and in the United States, the author makes a case for broader institutional and regulatory improvement, extending beyond mere regulation of the art market.

Illegaler Kulturg terverkehr

Author: Michael Anton
Publisher: Walter de Gruyter
ISBN: 9783899497236
Release Date: 2010-05-27
Genre: Law

Band 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.

Cultural Law

Author: James A. R. Nafziger
Publisher: Cambridge University Press
ISBN: 9780521865500
Release Date: 2010-11-01
Genre: Law

"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.

The Settlement of International Cultural Heritage Disputes

Author: Alessandro Chechi
Publisher: Oxford University Press, USA
ISBN: 9780198703990
Release Date: 2014
Genre: Law

The international practice of the past forty years shows the proliferation of a great variety of disputes concerning tangible cultural heritage. These mostly consist of inter-State and private claims about artworks stolen or illegally exported, and controversies regarding the protection of monuments and cultural spaces, not only from war-like situations, but also from non-violent processes, such as the realisation of investment projects. This book discusses whether an improvement in the manner in which these disputes are dealt with may enhance the international protection of cultural heritage.

Privat und kollisionsrechtliche Folgen der Verletzung von Kulturg terschutznormen auf der Grundlage des UNESCO Kulturgut bereinkommens 1970

Author: Alice Halsdorfer
Publisher: Peter Lang Pub Incorporated
ISBN: STANFORD:36105064260883
Release Date: 2008
Genre: Law

Das Buch erortert die privat- und kollisionsrechtlichen Folgen der Verletzung von in- und auslandischen Kulturguterschutznormen. Vertieft wird insbesondere die Problematik der schwebenden Unwirksamkeit oder Nichtigkeit von Rechtsgeschaften. Gerade durch den Beitritt der Bundesrepublik Deutschland zum UNESCO-Kulturgutubereinkommen erlangt das Thema grosse Aktualitat. Vor diesem Hintergrund werden die konkreten Auswirkungen thematisiert, die das Ausfuhrungsgesetz vom 18. Mai 2007 mit sich bringt. Dies sind im besonderen die Erweiterung der Ruckgabeanspruche sowie die Einfuhrung eines Importverbots."

Conserving Cultural Landscapes

Author: Ken Taylor
Publisher: Routledge
ISBN: 9781317800897
Release Date: 2014-09-19
Genre: Social Science

New approaches to both cultural landscapes and historic urban landscapes increasingly recognize the need to guide future change, rather than simply protecting the fabric of the past. Challenging traditional notions of historic preservation, Conserving Cultural Landscapes takes a dynamic multifaceted approach to conservation. It builds on the premise that a successful approach to urban and cultural landscape conservation recognizes cultural as well as natural values, sustains traditional connections to place, and engages people in stewardship where they live and work. It brings together academics within the humanities and humanistic social sciences, conservation and preservation professionals, practitioners, and stakeholders to rethink the meaning and practice of cultural heritage conservation, encourage international cooperation, and stimulate collaborative research and scholarship.

Who Owns the Past

Author: Kate Fitz Gibbon
Publisher: Rutgers University Press
ISBN: 0813536871
Release Date: 2005
Genre: Social Science

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A Legal Primer on Managing Museum Collections Third Edition

Author: Marie C. Malaro
Publisher: Smithsonian Institution
ISBN: 9781588343239
Release Date: 2012-05-08
Genre: Art

Hailed when it was first published in 1985 as the bible of U.S. collections management, A Legal Primer on Managing Museum Collections offers the only comprehensive discussion of the legal questions faced by museums regarding collections. This revised and expanded third edition addresses the many legal developments—including a comprehensive discussion of stolen art and the international movement of cultural property, recent developments in copyright, and the effects of burgeoning electronic uses—that have occurred during the past twenty-five years. An authorative, go-to book for any museum professional, Legal Primer offers detailed explanations of the law, suggestions for preventing legal problems, and numerous case studies of lawsuits involving museum collections.

Art Cultural Heritage and the Law

Author: Patty Gerstenblith
Publisher:
ISBN: 1611632048
Release Date: 2012
Genre: Law

"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."

The Protection of the Underwater Cultural Heritage

Author: Roberta Garabello
Publisher: Martinus Nijhoff Publishers
ISBN: 9041122036
Release Date: 2003-01-01
Genre: Law

The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).