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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


Call for papers
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
  1. 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)?
  2. 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?
  3. 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)
  1. 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?)
  2. 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?
  3. 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)
  1. 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)?
  2. 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?
  3. 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 février 2014
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