First All Art and Cultural Heritage Law Conference: Programme et inscription

First All Art and Cultural Heritage Law Conference
Art-Law Centre, University of Geneva
13-14 June 2014

Programme

Friday, 13 June 2014
8h15	Registration
8h45	Opening speeches: Ursula Cassani, Professor, Faculty of Law, University of Geneva Marc-André Renold, Art-Law Centre and UNESCO Chair, University of Geneva

Panel 1 – Property Concepts: Evolution and Limits
Chair: Marc-André Renold
Property concepts: Are the boundaries of property concepts shifting with regards to cultural heritage and cultural property? What are the limits of traditional property concepts such as in the divide between private and public property? What is the role of less common types of property such as co-ownership? How can the perception of property – according to traditional categories such as public/ private, movable/ immovable etc. – create obstacles to an effective management of cultural heritage, (including its conservation, access, etc.) or respond to various restitution claims (for example the case of indigenous communities)? Assessing property: Who bears in practice the burden of assessing the restitution claim: the State, the museum, the individual, the judicial system, etc.? Does it correspond to the standards of international conventions on cultural property? Is the role allocation in assessing ownership and restitution claims satisfactory or should it be modified? What role do or can new technologies play with regard to property concepts and restitution claims: Google art, online art collections, internet sales, making copies of objects, etc.

9h00	Disposals from Museum Collections Janet Ulph (University of Leicester, United Kingdom)
9h15	The Cultural Heritage of Mankind, the Common Concern and Public Interest: A Conceptual Clarification Berenika Agnieszka Drazewska (European University Institute, Italy)
9h30	The Changing Tide of Title to Cultural Heritage Objects in UK Museums Charlotte Woodhead (University of Warwick, United Kingdom)
9h45	The Increase of Cultural Heritage Protection Impacts on Property Right: Belgian Case Law Lucie Lambrecht and Marie-Sophie de Clippele (Attorneys-at-law, Brussels)
10h00	Coffee break
10h30	From Pueblo to Paris: The International Trade in Indigenous Sacred Objects Susan Benton (Southern Methodist University, United States)
10h45	State Immunity and Property Rights: Two Irreconcilable Bedfellows? Alessandro Chechi (Art-Law Centre, University of Geneva)
11h00	Round table Derek Gillman (Drexel University, Philadelphia, United States); Tatiana Flessas (London School of Economics and Political Science); Marie Cornu (CECOJI/CNRS, Paris); Lawrence Rosen (Princeton University, United States)
12h00	Discussion
13h00	Lunch break

Panel 2 – Developing Due Diligence, Expert Interaction and Quality Impulses in the Art Market
Chair: Friederike Gräfin von Brühl (Attorney-at-Law and Freie Universität, Berlin)
Due diligence in the art market: What is legally expected from art market players versus the actual due diligence standard adopted in practice; how can this gap be overcome without harming the art market’s attractiveness? To what extent are ethical guidelines endorsed and applied by the market players? How do they interplay with legally binding rules? Does the players’ approach change with respect to different art markets (for example Nazi-looted art, archaeological objects and ancient art or indigenous objects?) Drivers of market interest: How can the interest in art shift from investment/speculation to a focus on the quality and technique of artworks? In what way is this a positive or negative development with regards to the functioning of the market, the significance of artists and their work? In what way can art market actors such as auction houses, galleries, investors, etc. tackle this issue? Exchange of expert knowledge: In what way and to what extent may expert knowledge be exchanged on the market with regard to forgeries and art crime? Should communication be encouraged beyond the individual commercial interests of the art merchant?

14h30	Purchasing Art in a Market Full of Forgeries: Risks and Legal Remedies for Buyers Leila Amineddoleh (Fordham University School of Law, United States)
14h45	Due Diligence in the Art Market: The Lawyers’ Case Sandrine Giroud and Charles Boudry (Art-Law Foundation and Attorneys-at-law, Geneva)
15h00	The View from the Middle – Due Diligence Through the Eyes of the Art Loss Register James Ratcliffe (Art Loss Register, London)
15h15	Coffee break
15h45	Round table Corinne Hershkovitch (Attorney-at-law, Paris); Anne Laure Bandle (Art-Law Foundation and London School of Economics and Political Science); Norman Palmer (CBE QC, University of Tasmania, Australia and King’s College, London); Lucian Simmons (Sotheby’s, New York)
16h45	Discussion

Saturday, 14 June 2014
8h30	Registration
8h55	Welcome speech Marc-André Renold

Panel 3 – Beyond the Law: Fighting Illicit Traffic on the Field
Chair: Simon MacKenzie (University of Glasgow)
Implementation of international law: How are international conventions aiming to the prevention of illicit trafficking of cultural property and ratified by the individual States effectively implemented in the field? How can compliance be improved? How can breaches be efficiently sanctioned? To what extent does the nature of national legislations on cultural property influence the cooperation between States (for instance, while negotiating bilateral agreements or simply for the recognition of such legislations at a foreign court)? Impact of economic factors: How can economic incentives be developed in order to undermine illicit trafficking? To what extent does tourism endanger or enhance the protection of cultural heritage sites? The “human” factor: How are the improvements made by the law applied by state officials or professionals in the field (for example during custom controls)? What individual leeway should States benefit from in emergency situations, such as disaster or conflict, to prevent the looting?

9h00	Combatting the Illicit Trafficking of Cultural Heritage in the South East Asian Region: A Report from the Socialist Republic of Vietnam Damien Huffer and Duncan Chappell (Smithsonian Museum Conservation Institute, Washington, United States and University of Sydney, Australia)
9h15	Protection of Archaeological Heritage in Turkey: Legal and Practical Challenges Ece Velioglu-Yildizci (Art-Law Centre, University of Geneva)
9h30	Lessons Learned in the Field: the Police’s Perspective Stéphane Théfo and Solange Michel (INTERPOL)
9h45	Acquisition and Stewardship of the Lysi Frescoes by the Menil Derek Fincham (South Texas College of Law, United States)
10h00	Cultural Property Protection Policy Failure? Neil Brodie and Donna Yates (University of Glasgow)
10h15	Coffee break
10h45	Round table Patty Gerstenblith (DePaul University, Chicago) Benno Widmer (Federal Office of Culture, Bern) Martin Wilson (Christie’s, London) Sibel Ozel (Marmara University, Istanbul)
11h45	Discussion
12h30	Future perspectives by Marc-André Renold and Anne Laure Bandle

24 févr. 2014

2014

Conference details

Dates: 13 - 14 June 2014.

Location: University of Geneva, Geneva.

Schedule: Three panel sessions are planned. Two morning sessions on June 13th and 14th will take place between 9h-13h. The afternoon session on June 13th will take place between 14h30-17h.

Language: The conference will be held in English.

Fees:
CHF 250.- for the entire conference (three panel sessions)
CHF 200.- day rate - 13 June
CHF 100.- day rate - 14 June
Reduced fees will be applicable for students, intern lawyers and members of the Art-Law Foundation.

Registration: Online registration.

Programme

Contact

Art-Law Centre
Faculty of Law/ University of Geneva
Bd du Pont-d’Arve 40
1211 Genève 4/Suisse

Tel.: +41 (0)22 379 80 75
Fax: +41 (0)22 379 80 79
E-mail: art-droit(at)unige.ch