Illicit Trade in Art and Antiquities

International Recovery and Criminal and Civil Liability

Inbunden, Engelska, 2012

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Beskrivning

This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.

Produktinformation

Utgivningsdatum:2012-10-05
Mått:171 x 244 x 30 mm
Vikt:762 g
Format:Inbunden
Språk:Engelska
Antal sidor:352
Förlag:Bloomsbury Publishing PLC
ISBN:9781841139647

Utforska kategorier

Straffrätt: process och brott inom Juridik
Konstteori inom Kultur

Mer om författaren

Janet Ulph is Professor of Commercial Law at the University of Leicester and the main author of Commercial Fraud: Civil Liability, Human Rights, and Money Laundering (Oxford University Press, 2006).Ian Smith is a barrister based in London at 11 Stone Buildings, and co-author of Smith, Owen and Bodnar, Asset Recovery: Criminal Confiscation and Civil Recovery.

Recensioner i media

The mishandling of works of art or antiquities raise a host of issues in international, civil and criminal law across different jurisdictions. Janet Ulph and Ian Smith have pulled together the different elements into a neat and extremely useful book. It works very well as a practitioner guide but includes a good academic context for the discussion.

Innehållsförteckning

1 The Trade in Art and Antiquities Janet Ulph2 International Initiatives Janet Ulph3 Criminal Offences Affecting the Trade in Art and Antiquities Janet Ulph4 Recovery Through the Criminal and Civil Courts where Law Enforcement Agencies are Involved Ian Smith5 Civil Liability Affecting the Trade in Art and Antiquities Janet Ulph6 Private Recovery through the Civil Courts Ian Smith7 Conclusions: Identification, Ownership and Changing Market Norms Janet UlphAppendix A: Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 Appendix B: Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods Appendix C: Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State