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Cultural Property: A Practitioner's Guide to the Law


ISBN13: 9781526516169
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: Publication Abandoned



Cultural Property law began to develop as a separate discipline in the middle of the 20th Century and is now a site of increasing activity both in the UK and internationally. Protecting and regulating the disposition of culturally significant material, such as ancient and historic artefacts, historic real property, intangible cultural property, and artwork, cultural property law encompasses a range of legal disciplines including property law, international law, mediation, arbitration, litigation, criminal law, and intellectual property law.

This book provides a concise and practical account of this complex, topical and often controversial area of law.

International in its scope, this new title covers:

  • Issues inherent to the trade (referencing key commercial and cultural/social implications, ie intersectional approaches including, human rights) and modern-day influences, such as Brexit and COVID-19
  • International initiatives and Codes of Conduct and the tightening of international legal frameworks
  • Risk and compliance issues such as avoiding criminal liability and relevant ethical and public policy issues
  • Restitution and recovery providing guidance on best practice in recovering art and cultural property in both the criminal and the civil courts
  • Alternative Dispute Resolution
  • Enforcement including associated jurisdictional issues

Subjects:
Art and Cultural Heritage Law
Contents:
PART I - INTRODUCTION
Chapter 1: Overview of the International Trade in Art, Antiques and Antiquities
Chapter 2: The Established International Legal/Regulatory Framework
PART II(A) - RISK AND COMPLIANCE ISSUES FOR MUSEUMS, AUCTION HOUSES, AND OTHER ART AND CULTURAL HERITAGE BUSINESSES/INSTITUTIONS
Chapter 3: Avoiding Criminal Liability
Chapter 4: Avoiding Civil Claims
Chapter 5: Relevant Ethical and Public Policy Issues
PART II (B) - ASSOCIATED ACTION POINTS: BEST PRACTICE
Chapter 6: Restitution and Recovery: An Introduction
Chapter 7: Alternative Dispute Resolution
Chapter 8: Recovery of Art and Cultural Property in the Criminal Courts
Chapter 9: Recovery of Art and Cultural Property in the Civil Courts
PART III - ENFORCEMENT
Chapter 10: Standard Practice, Remedies, and Associated Jurisdictional Issues
PART IV - FUTURE DEVELOPMENTS/CONCLUDING COMMENTS