scholarly journals MERCOSUR, UNASUR AND BRAZILIAN DIPLOMATIC MEASURES FOR THE PREVENTION AND FIGHTING OF ILLICIT TRAFFICKING OF CULTURAL PROPERTY: PURPOSES, STRATEGIES AND ACTIVITIES OF THE RECENTLY CREATED MULTILATERAL AND NATIONAL SPECIALIZED COMMITTEES

2019 ◽  
Vol 3 (56) ◽  
pp. 82 ◽  
Author(s):  
Anauene Dias SOARES ◽  
Luiz Guilherme PIAGENTINI
Keyword(s):  
Cultural Diplomacy ◽  
National Level ◽  
Technical Committee ◽  
Cultural Property ◽  
National Committee ◽  
South American ◽  
Unesco Convention ◽  
American Source ◽  
Multi Stakeholder ◽  
Illicit Trafficking

ABSTRACTThe illicit trafficking of cultural property is a reality in most South American countries. For years, although cultural diplomacy has evolved in the national and multilateral spheres, no significant concrete measures have been taken to fight the illicit trafficking, which has kept developing even after the 1970 UNESCO Convention. In that context, two recent initiatives seem to promote new perspectives. The Mercosur-Unasur Technical Committee for the Prevention and Fighting of Illicit Trafficking of Cultural Property establishes a multilateral dialogue in the field, fostering respect and promotion of the cultural diversity in the region. The Brazilian National Committee for the Fighting of Illicit Trafficking of Cultural Property, which still has not been institutionalized, intends to be a discussion venue in the field, establishing a multi-stakeholder approach in the national level. The main challenges that will be faced by both committees concern the implementation of concrete measures within South American source countries, as well as possibly exercising pressure to induce market-end states to adopt the necessary reforms to fight the illicit trafficking of cultural property.KEYWORDS: Cultural diplomacy; Mercosur; Unasur; illicit trafficking of cultural property.RESUMOO tráfico ilícito de bens culturais é uma realidade na maioria dos países sul-americanos. Durante anos, embora a diplomacia cultural tenha progredido nas esferas nacional e multilateral, não foram tomadas medidas concretas significativas para combater o tráfico ilícito, o qual continuou se desenvolvendo mesmo após a Convenção da UNESCO de 1970. Nesse contexto, duas iniciativas recentes parecem promover novas perspectivas. O Comitê Técnico para a Prevenção e o Combate ao Tráfico Ilícito de Bens Culturais do Mercosul-Unasul estabelece um diálogo multilateral sobre o tema, impulsionando o respeito e a promoção da diversidade cultural na região. O Comitê Nacional de Combate ao Tráfico Ilícito de Bens Culturais, que ainda não foi institucionalizado, pretende ser um foro de discussão sobre o tema, estabelecendo uma abordagem a partir da participação de diversos atores em nível brasileiro. Os principais desafios que ambos os comitês terão de enfrentar consistem na implementação de medidas concretas nos países de origem sul-americanos, bem como possivelmente o exercício de pressão para induzir países destinatários do mercado final de bens culturais a adotar as reformas necessárias para combater o tráfico ilícito de bens culturais.PALAVRAS-CHAVE: Diplomacia cultural; Mercosul; Unasul; tráfico ilícito de bens culturais.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

Reflections on Contemporary South American Democracies

2001 ◽  
Vol 33 (3) ◽  
pp. 599-609 ◽  
Author(s):  
GUILLERMO O'DONNELL
Keyword(s):  
Latin America ◽  
South America ◽  
National Level ◽  
South American ◽  
Science Literature ◽  
Political Rights ◽  
Opinion Expression ◽  
Definition Of ◽  
The Third World ◽  
Indefinite Future

The occasion of honouring the memory of John Brooks, a great friend of Latin America, has helped me vanquish my initial reluctance to tackle a topic that is as broad, varied and still open-ended as the present situation of democracy in South America. As a first measure of my limitations, with the exception of some references to Costa Rica and Mexico, I will not discuss Central America and the Caribbean, not because I feel these regions are unimportant but because, simply, I do not know enough about them. However, when I feel that I am on sufficiently solid ground so as to refer to Latin America as a whole, I will do so.I begin by noting that in contemporary South America some countries satisfy the definition of political democracy. Those countries share two main characteristics. One is that they hold elections under universal adult franchise that, at least at the national level, are reasonably fair and competitive. These are standard criteria in the political science literature. However, having in mind the experience of Latin America and elsewhere in the third world, I believe that we should add that such elections must be institutionalised. By this I mean that all relevant actors expect that elections of this kind will continue being held in the indefinite future so, whether they like or not, it is rational for them to play democracy, not coup-making or insurrection. We should also stipulate that these elections are decisive, in the sense that those who are elected do occupy the respective offices and end their terms in the constitutionally prescribed way; they are not, as it has happened too often in Latin America, prevented from occupying office or thrown out of it because some supra-constitutional power feels that they are the ‘wrong people’.The second characteristic is the enjoyment of certain political rights, especially of opinion, expression, association, movement and access to a reasonably free and pluralist media. Of course, these and other rights are important per se; in addition, they are instrumental – necessary conditions – for the effectuation of the kind of elections I have just specified.

scholarly journals The Smuggling of Art, and the Art of Smuggling: Uncovering the Illicit Trade in Cultural Property and Antiques

2009 ◽  
Vol 1 (3) ◽  
pp. 82-96 ◽  
Author(s):  
Raymond Fisman ◽  
Shang-Jin Wei
Keyword(s):  
United States ◽  
Western Country ◽  
Cultural Property ◽  
Illicit Trade ◽  
Reporting Incentives ◽  
Highly Correlated ◽  
Rich Countries ◽  
Illicit Trafficking

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)

Federal Act on the International Transfer of Cultural Property: (Cultural Property Transfer Act, CPTA) Dated June 20, 2003

2005 ◽  
Vol 12 (4) ◽  
pp. 467-476 ◽  
Keyword(s):  
Cultural Property ◽  
Federal Constitution ◽  
Property Transfer ◽  
Unesco Convention ◽  
Swiss Confederation

The Federal Assembly of the Swiss Confederation, Pursuant to Articles 69, para. 2 and 95, para. 1, of the Swiss Federal Constitution, in execution of the UNESCO Convention from November 14, 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (UNESCO Convention 1970), after having examined the Message of the Federal Council dated November 21, 2001, decides.

Cultural Property Protection in the Light of the New Law of FRG 2016

2016 ◽  
pp. 199-212
Author(s):  
V. Soloshenko
Keyword(s):  
Cultural Values ◽  
Cultural Property ◽  
Federal State ◽  
Private Ownership ◽  
German Government ◽  
Cultural Objects ◽  
Balanced Approach ◽  
The World ◽  
New Challenges ◽  
Illicit Trafficking

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.

scholarly journals A Modest Referee: Measuring The UNESCO CCD’S Effect On Culture And Free Trade Agreement Negotiation

2021 ◽  
Author(s):  
Chantal Braganza
Keyword(s):  
Free Trade ◽  
Cultural Policy ◽  
Cultural Diplomacy ◽  
Free Market ◽  
Free Trade Agreements ◽  
Trade Agreement ◽  
Trade Disputes ◽  
Trade Dispute ◽  
Unesco Convention

The purpose of this research is to assess the effectiveness of the UNESCO Convention on the Protection and Promotion of Diversity of Cultural Expressions (CCD) as a trade instrument intended to protect local culture and cultural industries from free market influences. Much previous writing has pointed out flaws or weaknesses in its legal language and structure; few studies have been carried out on the way it has been cited and employed in actual trade negotiations and disputes. Through a recount of the its history, a close read of the original document of the CCD itself, and a case-study examination of two recently signed free trade agreements and a concluded international trade dispute, this research paper will show that the ways in which this nearly 15-year-old document has been employed does not quite live up to its intended purpose. Keywords: cultural policy, free trade, UNESCO CCD, culture and trade disputes, cultural diplomacy, CETA, CPTPP

Part II Substantive Aspects, Ch.11 World Cultural Heritage

2020 ◽  
Author(s):  
Francioni Francesco
Keyword(s):  
Cultural Heritage ◽  
Cultural Property ◽  
Dynamic Evolution ◽  
Special Position ◽  
Natural Heritage ◽  
Intangible Heritage ◽  
The World ◽  
Cultural Properties ◽  
Unesco Convention ◽  
World Cultural Heritage

The concept of ‘world heritage’ was legally codified by the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage (WHC). This convention occupies a special position in the ever-expanding body of international cultural heritage law. This is for three fundamental reasons. First, with its 193 States Parties, it is a truly universal treaty in force for the protection of cultural heritage. Second, it represents a major innovation by its unprecedented approach that brings together cultural properties and natural sites of exceptional importance, both subject to the same system of international cooperation for their identification, delineation, and protection. Third, this convention has contributed to the reconceptualization of ‘cultural property’, paving the way for its dynamic evolution into the more comprehensive concept of ‘cultural heritage’, understood as the inherited patrimony of culture—inclusive of the intangible heritage and living culture of relevant human communities.

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.

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