Engaging the European Art Market in the Fight against the Illicit Trafficking of Cultural Property UNESCO–European Union Capacity-Building Conference, Paris, 20−21 March 2018

2018 ◽  
Vol 25 (3) ◽  
pp. 403-404
Author(s):  
Paul Fabel
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.


2012 ◽  
Vol 36 (1) ◽  
pp. 63-72
Author(s):  
Nijolė Steponaitytė

The paper discusses objects of the research on Kaunas Fortress, listing of the Fortress in the Register of Cultural Property of the Republic of Lithuania, and process for establishing respective territory and preservation zones. Some protection objects – forts, batteries and their territories – are analysed from the point of view of new construction penetration into the territories and preservation zones of cultural heritage. Creation of terriologic reservates around objects of the Fortress and their regulation influence to buildings is discussed. Natural environment planning, the European Union supported projects, their results and realisation, practical benefit, some solutions of the master plan of Kaunas, that harm objects of cultural heritage territories of Kaunas Fortress are discussed as well. Santrauka Straipsnyje aptariami Kauno tvirtovės objektų tyrimai, įtraukimas į LR nekilnojamojo kultūros paveldo vertybių registrą, teritorijų ir apsaugos zonų nustatymas. Analizuojama kai kurių Kauno tvirtovės gynybinių statinių teritorijų būklė, naujų statybų skverbimasis į kultūros paveldo objektų apsaugos zonas ir teritorijas. Aptariamas teriologinių draustinių įkūrimas tvirtovės gynybiniuose objektuose, jų nuostatų įtaka statiniams, gamtotvarkos planų ir kitų Europos Sąjungos finansuojamų projektų rezultatai ir siūlymų įgyvendinimas, praktinė nauda, kai kurie Kauno miesto Bendrojo plano sprendiniai, kenkiantys Kauno tvirtovės kultūros paveldo objektų išlikimui.


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