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In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book.
Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.
Table des matières
1. Art, Cultural Heritage and the Market: Legal and Ethical Issues.- 2. Reparation Art - Finding Common Ground in the Resolution of Disputes on Russian War Spoils and Nazi-Looted Art.- 3. Alternative Dispute Resolution in Art Claims: Arbitration and Mediation in Restitution Claims by the Dutch Restitutions Committee.- 4. Alternative Dispute Resolution Mechanisms in Cultural Property Related Disputes: UNESCO Mediation and Conciliation Procedure.- 5. Protecting Cultural Objects: Enforcing the Illicit Export of Foreign Cultural Objects.- 6. The Perils of Buying and Selling Art at the Fair: Legal Issues in Title.- 7. How to break the Deadlock in the Debate about Colonial Acquisitions?.- 8. Repatriation and Multilevel Heritage Legislation in Canada and Australia: A Comparative Analysis of the Challenges in Repatriating Religious Artefacts to Indigenous Communities.- 9. The Underwater Heritage of the Riace Bronzes: Ethics and the Art Market in Ancient Rome and Today.- 10. Underwater Cultural Heritage and the Market: The Uncertain Destiny of Historic Sunken Warships under International Law.- 11. Collectible - The Social and Ethical Implications Surrounding the Collected Object.- 12. The Art of the Sale: Museums and Deaccessioning.- 13. The Implementation on the Resale Right Directive in Germany and the United Kingdom.- 14. Art Exchange? How the International Art Market lacks a Clear Regulatory Framework.
Résumé
In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book.
Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.
