The Illicit Trade in Art and Antiquities

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.

Autorentext

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).

Inhalt

1 The Trade in Art and Antiquities
Janet Ulph
2 International Initiatives
Janet Ulph
3 Criminal Offences Affecting the Trade in Art and Antiquities
Janet Ulph
4 Recovery Through the Criminal and Civil Courts where Law Enforcement Agencies are Involved
Ian Smith
5 Civil Liability Affecting the Trade in Art and Antiquities
Janet Ulph
6 Private Recovery through the Civil Courts
Ian Smith
7 Conclusions: Identification, Ownership and Changing Market Norms
Janet Ulph
Appendix 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