The Role of INTERPOL in the Fight Against the Illicit Trafficking in Cultural Property

Author(s):  
Karl-Heinz Kind
Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Letizia Casertano

Abstract In recent years the phenomenon of the illicit trafficking in cultural assets has been addressed by international and European lawmakers as an important phenomenon within the complex criminal networks used for the financing of international terrorism. The factors that contribute most to its development include in particular the availability of advanced technologies for plundering archaeological sites and e-commerce, which has sped up trade by breaking down space-time barriers, along also with armed conflict, political instability and poverty. In order to bring about change and put an end to the phenomenon, some significant legislative choices have recently been implemented in the European Union. The aim is to create a regime that is as uniform as possible along with a network of standardised controls capable of intercepting illicit trafficking. The concerns of art market operators surrounding the introduction of new rules and regulations can be appreciated if it is considered that the vibrant lawful market of artworks operates in accordance with tried and tested arrangements. This article will seek to provide an account of the phenomenon in its full complexity, highlighting the most significant recent developments within the European Union. It will also discuss the role of information and digital technologies in the area of cultural heritage. In particular, the existing European legal framework represented by the main legal instruments adopted by the international community and by the European Union will be sketched out, including both civil law and criminal law responses to the illicit trafficking of cultural heritage. Within this context the importance of the issues of traceability within art transactions, which are mostly paper-based, will be investigated along with other related issues such as digital tracking of artworks (digital passports), art security systems and authentication technologies.


2009 ◽  
Vol 1 (3) ◽  
pp. 82-96 ◽  
Author(s):  
Raymond Fisman ◽  
Shang-Jin Wei

We empirically analyze the illicit trade in cultural property and antiques, taking advantage of different reporting incentives between source and destination countries. We generate a measure of illicit trafficking in these goods by comparing imports recorded in United States' customs data and the (purportedly identical) trade recorded by customs authorities in exporting countries. This reporting gap is highly correlated with corruption levels of exporting countries. This correlation is stronger for artifact-rich countries. As a placebo test, we do not observe any such pattern for US imports of toys. We report similar results for four other Western country markets. (JEL F14, K42, Z11, Z13)


2016 ◽  
pp. 199-212
Author(s):  
V. Soloshenko

Preparations for the adoption of the new Law on Cultural Values Protection, its discussion and debates, that seriously puzzled the German Government, and also caused acute criticism from the representatives of the world of art are analyzed. Attention is focused on approaches to the important and quite complex in this regard issue concerning preservation of illegal movement of cultural objects that belong to the cultural heritage of the state. The main purpose of the bill is to enhance the protection of cultural property and effectively combat the illicit trafficking of them. The intentions of the Federal Government to integrate pre-existing laws in the field of cultural values into one law are very important. The main principles of the law in the new edition are protection from being sold overseas collections of state museums, including exhibits from private ownership that are in museums temporarily. It is highlighted that under current legislation, in each federal state of art and other cultural treasures, including libraries, must be entered in the register of national cultural values. These items have privileges in taxation, their export outside Germany requires special permission from the Ministry of Internal Affairs of Germany, which can be stipulated for a number of restrictions and reservations. In the article it is underlined that he XXI century has set new challenges and tasks for German scientists that require operational, but balanced approach in their solution.


1999 ◽  
Vol 8 (1) ◽  
pp. 108-132 ◽  
Author(s):  
RK Paterson

New Zealand concerns regarding cultural heritage focus almost exclusively on the indigenous Maori of that country. This article includes discussion of the way in which New Zealand regulates the local sale and export of Maori material cultural objects. It examines recent proposals to reform this system, including allowing Maori custom to determine ownership of newly found objects.A major development in New Zealand law concerns the role of a quasi-judicial body, the Waitangi Tribunal. Many tribunal decisions have contained lengthy discussions of Maori taonga (cultural treasures) and of alleged past misconduct by former governments and their agents in relation to such objects and Maori cultural heritage in general.As is the case with legal systems elsewhere, New Zealand seeks to reconcile the claims of its indigenous peoples with other priorities, such as economic development and environmental protection. Maori concerns have led to major changes in New Zealand heritage conservation law. A Maori Heritage Council now acts to ensure that places and sites of Maori interest will be protected. The council also plays a role in mediating conflicting interests of Maori and others, such as scientists, in relation to the scientific investigation of various sites.Despite these developments, New Zealand has yet to sign the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. The changes proposed to New Zealand cultural property law have yet to be implemented, and there is evidence of uncertainty about the extent to which protecting indigenous Maori rights can be reconciled with the development of a national cultural identity and the pursuit of universal concerns, such as sustainable development.


2020 ◽  
Vol 1 (10) ◽  
pp. 368-383
Author(s):  
A. S. Mokhov ◽  
K. R. Kapsalykova

The article is devoted to the problem of the evacuation of cultural values during the Great Patriotic War. The relevance of the research is due to the fact that in historiography insufficient attention is paid to the salvation of the treasures of provincial museums in 1941—1942. The question is raised about the lack of a unified plan for the evacuation of museum collections from the western regions of the USSR in the initial period of the war. The novelty of the research is in the introduction into scientific circulation of a unique document — a report on the evacuation of the literary and memorial museum of V. G. Korolenko from Poltava to Sverdlovsk. The question of the history of the creation of the museum and its work in the pre-war period is considered. The authors dwell on the history of the creation of literary and memorial museums in the USSR in the 1920s-1930s. The composition of the archive of V.G.Korolenko is characterized. It is shown that the graduates of the higher female Bestuzhev courses played a significant role in this process. Particular attention is paid to the activities of the museum director, the writer’s eldest daughter, Sofya Vladimirovna Korolenko. It has been proven that she is credited with saving the museum collection from the front line. According to the authors, the history of the evacuation of cultural property during the war is a poorly studied issue, the solution of which depends on the publication of sources.


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