scholarly journals Asian cultural objects in Europe. Art market expansion and the illicit trafficking of cultural heritage: An outline of legal issues

2017 ◽  
Vol 12 ◽  
Keyword(s):  
Cultural Heritage ◽  
Art Market ◽  
Legal Issues ◽  
Cultural Objects ◽  
Market Expansion ◽  
Illicit Trafficking

scholarly journals Trafficking Cultural Objects and Human Rights

2017 ◽  
Author(s):  
Donna Yates
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Art Market ◽  
Cultural Property ◽  
Cultural Groups ◽  
Cultural Objects ◽  
Western Model ◽  
Cultural Self ◽  
The Right ◽  
Human Rights Standards

Since the end of the second world war, international cultural heritage protection law and its domestic legal components have proceeded in their development in tandem with the development of international human rights laws and norms. A core tension in human rights thinking is evident also in debates about the right to cultural property: the potential for conflict between the right to cultural self–determination by one group and attempts to develop and promulgate human rights standards with universalising ambitions. This is reflected in cultural property ownership debates, where cultural heritage may be considered by some people as the common heritage of humankind and thus to some extent owned by us all, while others would see it as more properly owned by members of a more restricted group, or perhaps communally as tangible items of a certain culture.So there is a universalism vs particularism debate about the right to own, possess or otherwise enjoy, worship or value cultural objects just as there is the same debate on a much wider scale about universalism vs particularism in human rights in general. As with that wider debate, where universalism has been criticised for being a veil for the global transfer of western liberal capitalist values (e.g. Woodiwiss 2005), so too in the cultural property debate the construction of the idea of ‘the world’s cultural heritage’ has tended to represent in practice a view that favours the idea of the ‘encyclopaedic’ Western model of the museum, thus suggesting an ideal where material cultural heritage is stored in cultural repositories around the world rather than leaving (or reinstating) it to its country of origin or to a community thought to have the closest historical, cultural or religious connection to it.This view is fiercely opposed by those who consider this to be, in effect, an attempted justification of the forcible extraction of this particular resource from the developing world. They prefer to define and delineate cultural property rights in terms of ‘the property of a culture’ rather than as ‘property which is cultural’ insofar as the latter might represent a contemporary reflection of the values and views of the global art market rather than the communities and cultures whose heritage is at stake. In international legislation aimed at cultural property protection there is some ambivalence around these views, with the preambles of the governing conventions tending to strike a diplomatic balance between recognising important cultural artefacts as the particular interests of cultural groups, states or ‘all peoples’, while also approving of some of the effects of the worldwide diffusion of cultural heritage, most of which is due to the mechanics of the art market.

Part II Substantive Aspects, Ch.10 Grasping the Nettle of Illicit Export, Import, and Transfer of Ownership of Cultural Objects

2020 ◽  
Author(s):  
Shyllon Folarin
Keyword(s):  
Cultural Heritage ◽  
Codes Of Ethics ◽  
Cultural Property ◽  
Illegal Trade ◽  
International Treaties ◽  
African Countries ◽  
International Effort ◽  
Cultural Objects ◽  
The 1960S ◽  
Illicit Trafficking

This chapter studies the illegal import, export, and transfer of ownership of movable cultural objects. Illicit trafficking in cultural property has been going on for decades. The exponential increase in the 1960s raised concern, and this coincided with the wave of independence being granted to several African countries and Asian countries. Codes of ethics and international treaties are two important elements of the current, major international effort to prevent the damage caused by the illegal trade in cultural objects that continue to blossom. Another key element is increased globalization of cultural heritage law. Finally, the creation of national cultural heritage police units by all countries is very important.

Regional Seminar on the Protection and Safeguard of the Church's Cultural Heritage Objects Held in Mexico City September 29—October 1 2009

2009 ◽  
Vol 16 (4) ◽  
pp. 417-418
Author(s):  
Jorge A. Sánchez Cordero
Keyword(s):  
Cultural Heritage ◽  
Mexico City ◽  
Cultural Objects ◽  
Regional Seminar ◽  
Cultural Heritage Objects ◽  
Illicit Trafficking

As an UNESCO initiative, Mexico was chosen as the country to host a seminar about the illicit trafficking of religious cultural objects. This problem is severe in the region and the idea was received with great enthusiasm by all.

The Law Governing Cultural Heritage in Italy: Universal Values Versus National Cultural Identity

Global Jurist ◽  
2017 ◽  
Vol 17 (3) ◽  
Author(s):  
Letizia Casertano
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Legal Regime ◽  
Cultural Objects ◽  
Universal Values ◽  
The Creation ◽  
The Law ◽  
Illicit Trafficking ◽  
Cultural Internationalism

AbstractTaking the move from the theories of cultural internationalism and nationalism, some problematic issues that hamper the creation of an effective, common legal regime of protection against illicit trafficking of cultural objects, are analysed in the light of UNESCO 70 and UNIDROIT 95 together with the case of Italy as a paradigmatic example. In this context, absent an effective common legal framework,

scholarly journals The Destruction of Mali's Cultural Heritage

2015 ◽  
Vol 6 ◽  
pp. 3-15
Author(s):  
Fionndwyfar Colton
Keyword(s):  
Cultural Heritage ◽  
Daily Life ◽  
Legal Issues ◽  
Political Climate ◽  
Protective Measures ◽  
Antiquities Market ◽  
Art Trade ◽  
Antiquities Trafficking ◽  
Illicit Trafficking ◽  
Violent Conflicts

In Mali, and throughout West Africa, ongoing illicit trafficking movements and violent conflicts have necessitated a call for new protective measures and policies to protect cultural heritage. Traditional strategies of customs regulation and restriction on the antiquities market have been previously based on economic and legal issues enmeshed in trafficking networks and transnational crime processes. However, these do not reflect the realities of Malian daily life, nor do they go beyond the onedimensional stance framing the actions of looters and traffickers as a facet of these processes. What is ignored are the underlying motivations for looting and illicit antiquities trafficking and how these motivations are affected by, and enacted through, the ever shifting socio-political climate that has been Mali’s system of government since its independence from the French Sudan in 1960. This paper explores the realities of looting throughout Mali, ongoing debates concerning the representation of Malian antiquities in the transnational art trade, and the ways in which both national and international bodies have attempted to thwart ongoing heritage destruction.

scholarly journals Stolen Heritage Multidisciplinary Perspectives on Illicit Trafficking of Cultural Heritage in the EU and the MENA Region

2021 ◽  
Author(s):  
Arianna Traviglia ◽  
Lucio Milano ◽  
Cristina Tonghini ◽  
Riccardo Giovanelli
Keyword(s):  
Cultural Heritage ◽  
Ethical Issues ◽  
Cultural Property ◽  
Mena Region ◽  
Public And Private ◽  
Cultural Objects ◽  
Illicit Trade ◽  
Archaeological Areas ◽  
Artistic Assets ◽  
Illicit Trafficking

It is a well-known fact that organized crime has developed into an international network that, spanning from the simple ‘grave diggers’ up to powerful and wealthy white-collar professionals, makes use of money laundering, fraud and forgery. This criminal chain, ultimately, damages and dissipates our cultural identity and, in some cases, even fosters terrorism or civil unrest through the illicit trafficking of cultural property.The forms of ‘possession’ of Cultural Heritage are often blurred; depending on the national legislation of reference, the ownership and trade of historical and artistic assets of value may be legitimate or not. Criminals have always exploited these ambiguities and managed to place on the Art and Antiquities market items resulting from destruction or looting of museums, monuments and archaeological areas. Thus, over the years, even the most renowned museum institutions have - more or less consciously - hosted in their showcases cultural objects of illicit origin. Looting, thefts, illicit trade, and clandestine exports are phenomena that affect especially those countries rich in historical and artistic assets. That includes Italy, which has seen its cultural heritage plundered over the centuries ending up in public and private collections worldwide.This edited volume features ten papers authored by international experts and professionals actively involved in Cultural Heritage protection. Drawing from the experience of the Conference Stolen Heritage (Venice, December 2019), held in the framework of the NETCHER project, the book focuses on illicit trafficking in Cultural Property under a multidisciplinary perspective.The articles look at this serious issue and at connected crimes delving into a variety of fields. The essays especially expand on European legislation regulating import, export, trade and restitution of cultural objects; conflict antiquities and cultural heritage at risk in the Near and Middle East; looting activities and illicit excavations in Italy; the use of technologies to counter looting practices.The volume closes with two papers specifically dedicated to the thorny ethical issues arising from the publication of unprovenanced archaeological objects, and the relevance of accurate communication and openness about such topics.

scholarly journals Narratives of the provenance of art and antiquities on the market and the reality of origins at the source

2021 ◽  
Vol 32 (18 N.S.) ◽  
pp. 117-124
Author(s):  
Samuel Andrew Hardy
Keyword(s):  
North America ◽  
Political Violence ◽  
Art Market ◽  
Due Diligence ◽  
Cultural Goods ◽  
Cultural Objects ◽  
Illicit Flows ◽  
Provenance Research ◽  
Illicit Trafficking ◽  
Regional Problems

This essay presents the findings of the International Conference on Handling of Cultural Goods and Financing of Political Violence and introduces provenance research that examines the market in Europe for antiquities from Asia and the market in North America for antiquities from Europe. It summarises findings, such as the involvement of violent political organisations, transnational organised criminals and politically-exposed persons (PEPs) in illicit trafficking of cultural objects. It also highlights some foundations for progress, such as enhanced traceability and due diligence in the art market, plus action and cooperation to respond to illicit flows as regional problems.   On cover:ANNIBALE CARRACCI (BOLOGNA 1560 - ROME 1609), An Allegory of Truth and Time c. 1584-1585.Oil on canvas | 130,0 x 169,6 cm. (support, canvas/panel/str external) | RCIN 404770Royal Collection Trust / © Her Majesty Queen Elizabeth II 2021.

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 Institutional Dimension of the Preservation of the Historical and Cultural Heritage of the United Arab Emirates

2019 ◽  
pp. 194-208
Author(s):  
I. Mudriievska
Keyword(s):  
Cultural Heritage ◽  
United Arab Emirates ◽  
Politics Of Memory ◽  
Cultural Objects ◽  
Research Institution ◽  
Heritage Studies ◽  
National Archives ◽  
Patriotic Education ◽  
Institutional Dimension ◽  
World Cultural Heritage

There has been researched the institutional direction and its main forms of the preservation of the historical and cultural heritage in the UAE. There has been clarified the role of the National Archives,as an important archival and research institution which assists to implementation of the politics of memory and meaningful filling of the national idea. There have been reviewed main historica museums and cultural objects as important institutions. There has been analyzed activities of the Dhakira Center for Heritage studies in the UAE. The creation of the museum city block on SaadiyatIsland of the Emirate of Abu Dhabi as a center of the national and world cultural heritage, multicultural exchange within the global perception of the world has been studied. The state policy of the preservation of the traditional culture and its material components for strengthening of the national identity has been considered. In this context attention was paid to conducting of cultural andethnographic festivals, working with youth for the purpose of the patriotic education.

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