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Art and Cultural Heritage: A Practitioner's Guide to the Law

Art and Cultural Heritage: A Practitioner's Guide to the Law cover

Art and Cultural Heritage: A Practitioner's Guide to the Law

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Description

Cultural Property law began to develop as a separate discipline since 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

Table of 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

Product details

Published 12 Oct 2023
Format Ebook (PDF)
Edition 1st
Extent 304
ISBN 9781526516183
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Racheal Muldoon

Racheal Muldoon is a barrister at Maitland Chamber…

Author

Ruth Whittaker

Ruth Whittaker is a consultant.

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