Combating the Illicit Trafficking of Cultural Property: The Multifaceted Response to a Complex Challenge

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Letizia Casertano
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Cultural Property ◽  
International Terrorism ◽  
The European Union ◽  
Security Systems ◽  
Recent Developments ◽  
Illicit Trafficking

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.

The International Criminal Law Aspects of the Protection of Global Commons: The Case of Cultural Heritage

2021 ◽  
pp. 211-238
Author(s):  
Francesca Capone
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Framework ◽  
Cultural Property ◽  
International Criminal Law ◽  
Global Commons ◽  
Recent Developments

This chapter addresses the international criminal aspects of the protection of global commons, with particular regard to cultural heritage. As the general principle of respect for cultural heritage transcends the classic scheme of state responsibility for wrongful acts, international criminal law is recognized as one means of protecting cultural heritage for transmission to future generations. In order to reflect on the capacity of international criminal law to effectively enhance the protection of cultural heritage, first, this chapter aims at providing a critical overview of the existing international legal framework as enshrined in the relevant instruments criminalizing any form of intentional destruction of cultural property. Second, the analysis will focus on the role of the International Criminal Tribunal for the former Yugoslavia (ICTY) and its groundbreaking case law. Third, this chapter will discuss the most recent developments of international criminal practice as it applies to the destruction of cultural heritage, examining in particular the Al Mahdi case.

CONDITION AND PROBLEMS OF KAUNAS FORTRESS / KAUNO TVIRTOVĖS KULTŪROS PAVELDO OBJEKTŲ BŪKLĖ IR PROBLEMOS

2012 ◽  
Vol 36 (1) ◽  
pp. 63-72
Author(s):  
Nijolė Steponaitytė
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Natural Environment ◽  
Point Of View ◽  
Cultural Property ◽  
Master Plan ◽  
The European Union ◽  
New Construction ◽  
The Republic

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.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

Strengthening Rule of Law Enforcement in Sub-Saharan Africa: the Role of African Union

2018 ◽  
Vol 11 (1) ◽  
pp. 71-91
Author(s):  
Tsega Andualem Gelaye
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Framework ◽  
Sub Saharan Africa ◽  
Comparative Approach ◽  
African Union ◽  
The European Union ◽  
Sub Saharan ◽  
The Moment

AbstractRule of law violation is a chronic problem in sub-Saharan Africa. Yet the African Union (AU), which is the main regional organization in the continent, is not playing a significant role in ensuring the observance of rule of law in its member states compared to its counterparts such as the European Union. This paper argues that, beside the issue of lack of political will, the existing legal framework of the AU has contributed its part for the negligible rule of law monitoring involvement of the organization at the moment and underscores the need for urgent remedy to address these lacunas. In undertaking this investigation, the paper adopts a comparative approach relying heavily on the lessons from the experience of the European Union, which is assumed to have a better mechanism in this regard.

scholarly journals MAIN ACTIVITIES OF THE EUROPEAN UNION IN THE SPHERE OF CULTURE AND THEIR HIERARCHY

2020 ◽  
pp. 5-11
Author(s):  
Elena V. Vodopiyanova ◽  
◽  
Larisa A. Korobeynikova ◽  
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Information Society ◽  
Cultural Policy ◽  
Economic Benefits ◽  
Industrial Society ◽  
Cultural Industries ◽  
The European Union ◽  
Classical Culture

Based on the analysis of official documents of the European Union, the article considers the lat-est trends in determining the main directions of the EU's activities in the field of cultural policy. It is established that despite the absolute importance and attention to the classical European cultural herit-age, the information age makes significant adjustments to management paradigms that today require innovation even in the most traditional areas. It is shown that the heritage of classical culture today exists and develops as a contradictory unity of traditional and innovative, and the role of the latter is steadily growing, obeying the logic of the development of information society. In the process of achieving these goals, economic benefits be-come inseparable from social benefits, primarily aimed at improving the quality of life. The author argues that the phenomenon of heritage, which is the Foundation of the EU's cultural policy, is still a system-forming one, but the post-industrial society certainly makes adjustments to the approaches that have been established for decades. And today, the European Union's activities in the field of cultural policy are no longer possible outside of digitalization. The latter, on the one hand, appears as a completely Autonomous entity, but in relation to cultural heritage, it undoubtedly acts as a means for preserving and expanding the latter in the context of information realities. The scale of the use of digital processes to optimize the functioning of the European classicist heritage is currently so large that there is every reason to assert that the basic direction of the European Union's cultural policy has been differentiated into heritage as such and its digitalization. The study reveals that in the process of its non-existence in the space of cultural heritage, digital-ization itself has acquired new functions, becoming a kind of intermediary between the presentation of new forms of vision of European classics and modern culture in its innovative and industrial hyposta-ses. Digitalization equalizes and unites heritage and cultural industries on a new level, as well as pro-moting modern creativity and stimulating innovation in this area. The legacy of classical culture today exists and develops as a contradictory unity of traditional and innovative, and the role of the latter is steadily growing, obeying the logic of the development of information society. It is established that if today in the official documents of the European Union heritage and digi-talization are postulated as the main directions of the cultural policy of the Association, then there are good reasons to believe that in the future, initiatives to promote the dynamics of cultural industries and expand innovations in the field of culture will take their proper place in the system of basic manage-ment actions of the EU. In conclusion, the author emphasizes that this will in no way detract from the role and place of traditional European cultural heritage, but will only expand the space of its potential possibilities.

scholarly journals CONTENTS OF THE NOTION AND ROLE OF PUBLIC ORDER AND OTHER THREATS IN THE BORDER CROSSING

2014 ◽  
Vol 1 (6) ◽  
pp. 61
Author(s):  
Artūrs Gaveika
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
Border Crossing ◽  
Public Order ◽  
Security Threats ◽  
The European Union ◽  
Legal Concept ◽  
Free Movement Of Persons

The concept of public policy as a legal concept is quite complicated, much debated concept of jurisprudence, it is reflected in several laws of the Schengen acquis and in the case law. Due to interpretation problems the attempts to proportionate balance in public order interests ensuring free movement of persons in the European Union space have become the subject of a number of judicial precedents in both separate Schengen Member States as well as throughout the European Union. An important step in conflict resolution is the concept and terminology analysis and unification, which in the legal framework of the Schengen acquis must be initiated by defining the basic concept s such as „public order”, „national security”, „threats to public health” as well as to harmonize the terminology, the author offers a lecture. That is why the author’s main suggestion in this study is to work out unitary and harmonized terminology.

Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

2020 ◽  
pp. 153-169
Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Legal Framework ◽  
Low Carbon ◽  
The European Union ◽  
Distributed Energy ◽  
Sustainable Solutions ◽  
Highly Sensitive ◽  
Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

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