May 30, 2012

Cleveland, Turkey and the belly of the whale

X00070_9.jpeg
One of the contentious Jonah Marbles—dating from the very
beginning of Christianity at the CMA which Turkey has asked about
Turkey has undertaken the initial steps which may lead to calls for repatriation of objects in the collections of a number of prominent museums in North America and Europe. Steven Litt reports for the Cleveland Plain Dealer on the objects Turkey has asked about from Cleveland (via chasing aphrodite) at the Cleveland Museum of Art (CMA).

On the one hand, Turkey has some evidence of the location of the removal of these objects, and on the other, Museums like the CMA respond with a no comment on specific histories of the objects, along with protestations that Turkey lacks "clear evidence" of wrongdoing.

The museum acquired many of these objects during the notorious period of antiquities smuggling and looting. Litt's conclusion to the piece nails the difficulty the CMA will encounter if it continues to avoid the issue with Turkey:

Whatever happens next, the Cleveland museum finds itself on the leading edge of a potentially bitter international controversy. Artworks that have resided quietly in its collection for decades have suddenly acquired a sharp contemporary relevance. And while the museum fends off challenges that could gut parts of its collection, it may also feel pressure to research and share more about the origins of works such as the Marcus Aurelius, which remain unknown.
Though this controversy differs from the Italian repatriations which had the benefit of direct photographic evidence tying the objects to the illegal smuggling network, the CMA will find itself in an uncomfortable position. Its best defense to the questions—and they are only questions so far as we know—is to respond in the same way the Getty, the Met, the MFA in Boston and others responded to questions about the acquisition of those other objects which suddenly appeared on the market in the 1970s and 1980s. Wouldn't the just thing to do be to begin at least an initial good faith discussion with Turkey, especially when the Museum itself admits these objects originated in Asia Minor?
  1. Steven Litt, Turkey’s inquiry into 22 treasures at the Cleveland Museum of Art lacks hard proof of looting, Cleveland Plain Dealer, 27 May 2012 http://www.cleveland.com/arts/index.ssf/2012/05/turkeys_inquiry_into_22_treasu.html.

May 22, 2012

The Grey Lady Reports on the proposed Immunity Clarification Act

The paper of record gets some reactions to the Immunity Clarification Act, which would remedy an inconsistency between the Immunity from Seizure Act and the Foreign Sovereign Immunity Act. I spoke with the reporter a number of weeks ago about the piece. I wrote a lengthy email discussing the law, and summarized recent cases which likely prompted the sponsors of the bill in the house and senate to act. I noted alternatives other nations have successfully used. Some of that made it into the piece, and of course the one part of the piece attributed to me was taken out of context:
 Derek Fincham, an assistant professor at South Texas College of Law in Houston who specializes in cultural heritage law, said the exclusion probably also reflected the notion that the bill would be difficult to pass without an exception for Holocaust-era claims.

“To put it bluntly, how many Cambodians donate to political campaigns?” he said. “All of this goes back to political influence on a money level, which is unfortunate.”        
The quote only speaks to a small part of my response to the question. I was asked why the thefts from a place like Cambodia might be treated differently in the proposed bill. I gave a number of other reasons for the Holocaust Era exception which runs from 1933-1945. I discussed the unique nature of the holocaust, the scope of the spoliation which occurred, and the Spoliation Advisory Panel in the United Kingdom which also treats the holocaust era in a unique way. I do think that cultural heritage policy, like any political decision, stems from political influence and a constituent group which makes itself known to its representatives, but that's only one part of the equation.

As I told the reporter last month when we spoke, the new bill arises because of recent cases involving two acts of congress which conflict. The first act, the immunity from seizure act bars suits which have the effect of depriving a museum the custody or control of a work of art, lent by a museum. The other act of Congress, the Foreign Sovereign Immunities Act has been deemed to open a window for claims, even when immunity has been granted under the Immunity from Seizure Act. The two recent cases are Magness v. Russian Federation, and Malewicz v. City of Amsterdam. In both those cases suits for the value of the paintings were allowed to continue, despite the fact that they had been granted federal immunity.

Ultimately the State Department hears a request for immunity and the lender must provide information about the history of the loaned works. The State Department is not thoroughly vetting these requests, and rather than have an exception for this or that period of spoliation, the best solution would be to avoid giving a foreign lender immunity if there is a tainted history to the object.

Doreen Carvajal, Dispute Over Bill to Protect Art Lent to Museums, The New York Times, May 21, 2012, http://www.nytimes.com/2012/05/22/arts/design/dispute-over-bill-to-protect-art-lent-to-museums.html (last visited May 22, 2012).

May 18, 2012

Footnotes

The Alexander Sarcophagus in Istanbul

Of marbles and men | The Economist
Turkey is looking at its past and ramping up repatriation (politely for now). You know how the Economist will come out on this issue perhaps, but they give it away in the first paragraph by recounting the Ottoman removal from Sidon of the Alexander Sarcophagus. Repatriation targets for Turkey include practically everyone: the Met, the British Museum, "the Louvre, the Pergamon, London’s Victoria and Albert Museum (V&A), the Gulbenkian Museum in Lisbon, the Davids Samling Museum in Denmark, the Dumbarton Oaks Museum in Washington, DC, the Cleveland Museum of Art and the Getty. It has also claimed stolen antiquities that have been seized by police in Frankfurt, Florence, Bulgaria, Switzerland and Scotland."

Roger Atwood on the new Walters Collection | chasing aphrodite
A couple of weeks ago I took a train to the handsome city of Baltimore and saw the Bourne collection in its new home. It’s a revealing show with some lovely artifacts, including some I don’t remember seeing in Santa Fe. The painted Nasca stirrup bottles (right), masterpieces of design and economy dating from about 500 CE, alone were worth the trip. Yet I came away thinking that, perhaps without realizing it, the organizers have given an object lesson in the dangers of collecting antiquities that have no record of archaeological excavation. What I wrote in Stealing History – that “not a single piece on display” in the Bourne collection “gives a specific provenance, archaeological history or other sign it emerged from any place but a looter’s pit” – remains true but needs some amending.
Crystal Bridges Museum Reviewed | C-MONSTER.net
My answer: Crystal Bridges is damn good. For one, the setting is lovely: 120 acres of Ozark forest set around a creek from which the museum takes it’s name. Two, even though Moshe Safdie’s buildings don’t exactly recede into the background, they are intriguing and work well as a museum.
Supreme Court Denies Cert | culturalpropertylaw.net
The Supreme Court has refused to hear Odyssey Marine's Appeal of the Nuestra Senora de las Mercedes case.

Archaeologists accuse MoD of allowing Odyssey Marine to 'plunder' | theguardian
And more uncomfortable questions for Odyssey, this time with respect to their exploration of the HMS Victory:
The Ministry of Defence is facing a legal battle and parliamentary questions after letting a US company excavate a British 18th-century warship laden with a potentially lucrative cargo. Lord Renfrew is among leading archaeologists condemning a financial deal struck over HMS Victory, considered the world's mightiest ship when she sank in a storm in the English Channel in 1744. In return for excavating the vessel's historic remains, which may include gold and silver worth many millions of pounds, Odyssey Marine Exploration is entitled to receive "a percentage of the recovered artefacts' fair value" or "artefacts in lieu of cash".
How easy is it to steal art in Britain? | galleristny
The British have a dashed good collection of cultural artifacts in their various museums, but lately the coves have had a hell of a time hanging onto it. On Saturday evening a “nationally significant” medieval jug valued at $1.2 million was stolen from the Stockwood Discovery Centre in Luton. . .
In Egypt Turmoil, Thieves Hunt Pharaonic Treasures | AP
In a country with more than 5,000 years of civilization buried under its sands, illegal digs have long been a problem. With only slight exaggeration, Egyptians like to joke you can dig anywhere and turn up something ancient, even if its just pottery shards or a statuette. But in the security void, the treasure hunting has mushroomed, with 5,697 cases of illegal digs since the start of the anti-Mubarak uprising in early 2011— 100 times more than the previous year, according to figures obtained by The Associated Press from the Interior Ministry, which is in charge of police.

Art Crime in Film: Jø Nesbo's "Headhunter" | ARCA
Catherine discusses how well this Swedish film handles art theft. It does a pretty good job--for a movie. I give the film a thumbs up, but don't watch this for the art theft. It's a dark and bloody flick. We chuckled when Sweden's number 1 detective was also the head of their art theft unit.

Sotheby's auctions off priceless Peruvian artifact | peruthisweek
A priceless piece of Peru’s cultural heritage was put up for sale last week at Sotheby’s Auction House in New York, where it fetched $212,500. The object in question was a gold Sicán funeral mask, dating from somewhere between 950 and 1250 A.D., with its origins in the Pomac Forest region of Lambayeque. According to Sotheby’s, the mask came from the estate of Jan Mitchell. A 2009 New York Times obituary stats that Mitchell was a wealthy New York restaurateur who donated a large portion of his pre-Columbian gold collection to the Metropolitan Museum of Art.

May 17, 2012

Auction Houses and Credit Card Fraud

The Art Newspaper reports on an interesting and widespread problem with the art market in the United Kingdom. It seems fake credit cards have been used to steal art up for auction. And as the report notes, the problem flows all the way to Bonhams and Christie's, with as many as 30 auction houses reportedly affected.

Says one anonymous auction house director:

"[The problem is that people] were buying goods over the phone and picking them up before the transaction had cleared,” says the director of one of the defrauded auction houses, who wishes to remain anonymous. “We trusted that banks would be doing checks at their end. Aside from the usual identity checks we can’t tell whether the card that people use over the phone is theirs."

It is an obvious problem, but one that has not really been discussed. If buyers are allowed to remain anonymous, it is a perfect environment for criminal intervention. Auction houses play such a crucial role in the art market, and as a consequence play an important role in the way we transfer these important parts of our collective cultural heritage. But these institutions are poorly designed to safeguard against theft, looting, forgery, and fraud.

The way in which auction houses conduct business today has been revolutionised; online, anonymous and increasingly international bidding is now commonplace. This spate of frauds, however, suggests that the art market’s financial procedures have yet to catch up. 


  1. Riah Pryor, Credit card investigation shows art market open to international fraud, The Art Newspaper, May, 2012, http://www.theartnewspaper.com/articles/Credit+card+investigation+shows+art+market+open+to+international+fraud/26406 (last visited May 17, 2012).

May 10, 2012

ARCA Annual Conference, June 23-24, Amelia

In order to encourage continued awareness of the growing field of art crime and cultural heritage protection ARCA will host its fourth-annual conference in Amelia.

The interdisciplinary event brings together those who have an interest in the responsible stewardship of our collective cultural heritage. Presenters will discuss topics including:

  • the display and sale of looted objects; 
  • strategies to combat the illicit trade in cultural property; 
  • current law enforcement investigations; 
  • and the problem of art fraud and forgery. 

The conference will take place beside Amelia’s Archaeological Museum in Sala Boccarini. ARCA’s annual conference is held at the seat of our Postgraduate Certificate Program, in Amelia each summer.

Please find the conference flyer below the jump.

May 7, 2012

An Interview with Nout van Woudenberg on Immunity

As museums are encountering stricter restrictions for acquiring art, and as budgets for new acquisitions are tighter, many museums are looking to temporary loan agreements to augment their permanent collections.

Immunizing this art from a potential suit has been an important step lenders have asked states to provide them. But this immunity is not without critics. I caught up with Nout van Woudenberg and asked him a little bit about his new book, 'State Immunity and Cultural Objects on Loan'. He is an external researcher at the University of Amsterdam and Legal Counsel at the International Law Division of the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Setting down to write, what was your aim with ‘State Immunity and Cultural Objects on Loan’? 

Some years ago, it occurred to me that it was not clear whether States actually knew what the current state of affairs was with regard to immunity from seizure of cultural objects belonging to foreign States while on loan abroad. In 2004 the convention on jurisdictional immunities of States and their property had been established under auspices of the United Nations, addressing, among other things, immunity for cultural State property on loan. But that convention has not yet entered into force. I thus considered it necessary to investigate whether another rule of international law was already applicable: a rule of customary international law. After all, that rule would be binding upon States, without necessarily becoming a party to a convention.
And so I did: I investigated whether a rule of customary international law exists, to the effect that cultural objects belonging to foreign States are immune from seizure while on loan to another State for a temporary exhibition. And if such a rule does not yet exist, is it emerging? And if such a rule does exist, what are its limitations? It is my aim that my study, and consequently this book, can provide more clarity and legal certainty in the field of lending and borrowing cultural State property. But there is more: the book describes the national legislation of States, reflects opinions of States, lists what kind of guarantees States are likely to give, provides academic views, and so on. I thus hope not only to bring clarity in the field of international law, but also hope that this book is considered to have a certain encyclopedic value in regard to relevant State practice. 

When did nations first start asking for immunity for their art? How have the reasons for granting this immunity changed, if at all? 

It is my impression that the very first request came from the former Soviet Union in the middle of the 1960s. The catalyst was an imminent exchange between a Soviet museum and the University of Richmond, US, in which the latter sought to import several cultural objects that had been expropriated by the Soviet Government from art collectors. The Soviet Union asked for a grant of immunity from seizure, as protection against former Soviet citizens claiming title to the cultural objects, a condition of the loan. As a result of the immunity from seizure request, the United States was the first country to introduce immunity from seizure legislation in 1965. 
Since then, the issue of immunity from seizure for travelling cultural objects has become more and more a concern for States and museums. This is mainly due to an increasing number of legal disputes over the ownership of cultural objects, particularly as a result of claims made by heirs to those objects expropriated by Communist regimes in Eastern Europe as well as Holocaust-related claims. But there may be disputes other than ownership disputes which result in attempts to seize a cultural object, and that phenomenon is more recent: for instance when an individual or a company is of the opinion that the owner of the cultural object on loan owes a debt (not necessarily related to the cultural object) to the claimant, and this claimant has concerns regarding the enforcement of a judgment or arbitration award in the State of residence of the owner. An example is the 2005 Noga case in Switzerland, where the company Noga asserted that it was a creditor of the Russian Federation, and the 2011 Diag Human case in Austria, where the company Diag Human argued that it was a creditor of the Czech Republic. One last remark in regard to your question: one might wonder whether we need to speak about granting immunity. After all, in the Swiss Noga case, and the Austrian Diag Human case, the Swiss federal authorities and the Viennese court respectively, have ordered that on the basis of customary international law, the cultural State property on loan was immune from seizure. Many other States are of this opinion as well, as I show in my book. They sometimes count on the general rule of customary international law that State property in use or intended for use for government non-commercial purposes is immune from measures of constraint, but a considerable number of States also count on the existence of a specific rule of international law immunizing cultural State property on loan. If this line is to be followed, there is no situation of granting immunity (actively doing something), but the immunity from seizure merely applies. 

The cover of your book uses Portrait of Wally a painting which was granted immunity in New York State court but was eventually seized in Federal Court by US Attorneys. What is your reaction to the result in that case? 

First of all, I would like to thank the Leopold Museum in Vienna to allow me to use this image for the cover of my book. Now in regard to the case: the fact that the case lasted approximately twelve years, in combination with the fact that the case and the judgment went back and forth several times, gives sufficient indication for stating that it regarded a complex and not very clear-cut case. Although it regarded a painting seemingly forcibly sold by Lea Bondi at the beginning of WW II, the US court case focused very much on the question of what Dr. Leopold knew or ought to know when he acquired the painting in 1954. In the end, it came to an amicable settlement, and that should be applauded and respected. We now may be able to say that both the Museum and the Bondi Estate are “winners” as they came to terms with each other. However, the fact that the case lasted that long, and that the outcome went back and forth repeatedly, is not very helpful in promoting the certainty which is necessary in the field of international art loans. Also the Museum as well as the Bondi Estate had to go through a lot during these years of litigation. 

What are your thoughts on immunity generally? Is it a useful tool to allow for the movement of art? 

Absolutely. But let me limit myself to immunity for cultural State property on loan. Basically, the reason for providing cultural objects with immunity from seizure is to prevent cultural objects on loan from being used as ‘hostages’ in trade and/or ownership disputes. Immunity from seizure can serve as a means to overcome the reluctance of lenders to send their cultural objects temporarily abroad. We also have to keep in mind that many States have committed themselves through international legal instruments to supporting the exchange of cultural objects. It can be said that nowadays there is a well-established and universally shared interest to protect and enhance the international cooperation of museums and other cultural institutions. Moreover, in the literature, links have been made between cultural objects and diplomatic relations: international art loans can symbolize and foster these diplomatic relations.
Cultural objects can break the ice of misunderstandings and can be the first steps in new bilateral ties. They are sometimes referred to as ‘good will ambassadors’. Immunity from seizure facilitates inter-State art loans. That background may serve as a proper explanation why immunity from seizure for cultural State property on loan is understandable. In relation to this, I would also like to refer to the UN Convention on Jurisdictional Immunities of States and Their Property. On 2 December 2004, the UN General Assembly adopted the convention by consensus. It has not entered into force yet, but a considerable number of States consider the convention as a reflection of customary international law. Part IV of the 2004 UN Convention regards State immunity from seizure. It provides in general, but subject to certain limitations, for the immunity of a State from all forms of seizure in respect of its property or property in its possession or control. This part of the convention also contains an article where State property is listed which shall not be considered as commercial property. Consequently, this property is immune from seizure (unless the State to which the property belongs has explicitly consented to seizure or has allocated the property for the satisfaction of the connected claim). The relevant article, Article 21, aims to secure the protection for certain specific categories of property. One of the five categories of property reads “property forming part of an exhibition of objects of scientific, cultural or historical interest and not placed or intended to be placed on sale.” State-owned exhibits for industrial or commercial purposes are not covered by this category. It should be borne in mind that the gist of Article 21, and especially the cultural category, has neither been disputed during the negotiations. In my view, the fact that cultural objects can be important for the identity of a State, the fact that cultural objects may help to understand the culture, history and development of a State, as well as the fact that cultural objects can be used as a means in the promotion of international cultural exchanges (codified in several international agreements) and the strengthening of bilateral or multilateral diplomatic relations, makes it fair to consider these cultural objects on loan as a category of protected State property. Consequently, I do not consider it awkward to mention cultural State property on loan in one breath with one of those ‘classical’ categories of protected objects, such as military property, diplomatic property or property of the central bank of a State (and that is exactly what the 2004 UN Convention did). 

What are the biggest problems you have found with respect to immunized art? Are there reforms you can suggest? 

In regard to immunity from seizure for cultural State property on loan, important questions are: “what is a State?” and “what is to be considered as State property?” Answering these questions is not always easy. Different national and international legal instruments each follow their own approach in regard to the definition of a State. It can also depend on the acts performed by an agency or instrumentality of a State whether or not it falls under the definition of a State (or whether or not it enjoys the same immunity as the State). In practice, this can mean that it is up to national courts to consider whether in an actual situation an organ or entity can be identified as falling under the definition of a State. In most jurisdictions, a State museum will not fall under the definition of a State. However, that does not mean that the cultural objects housed in that State museum are subject to seizure by definition. Immunized State property would be broader than solely property that is owned by a State. Under the aforementioned 2004 UN Convention, property owned by the State and property in its possession or control would most likely be covered by the immunity provisions, although the exact scope has not yet been determined in practice. Although there is no specific definition of State property in the 2004 UN Convention, I come to this conclusion based on the history of negotiations and the reports of the International Law Commission. Generally speaking, based on my investigation, it would be fair to say that in any case property that is State-owned or of which the State serves as a custodian or has a right of disposal would fall under the immunity. And here we come to the second part of your question: the fact that immunity from seizure does not only apply to cultural objects on loan owned by a State, but also to objects possessed or controlled by a State, can make the application of the rule in practice somewhat complicated; it may be necessary to determine on a case by case basis whether a cultural institution should be considered as falling under the notion of a State (which will mostly not be the case), and whether in the actual situation it is the State which either owns, possesses or controls the objects concerned. As a result, it may be possible that loans between lending and borrowing institutions have to be considered differently, with regard to possible immunity. After all, a cultural institution can house objects which are owned by a State, a State may be able to exercise control over other objects, and some objects may not have a link with the State at all. A future global convention on immunity from seizure for all kinds of cultural property on loan, regardless whether it regards State property or private property, may solve such a situation. The International Law Association is currently assessing whether such a convention may possibly be viable, however, the assessment is still in its embryonic stage (the underlying discussion paper has been prepared by Prof. Th. M. de Boer and me). A convention like that may provide more legal security, but also raises new questions such as a possible overlap or discrepancy with the 2004 UN Convention. 

Many in the United States are hesitant to offer an opinion on immunity, particularly with respect to a proposed clarification to current U.S. practice moving through the U.S. Congress. I think this may be because immunity has increasingly been conflated with preventing justice. Do you think immunity prevents claimants from achieving a just result for their claim to a work of art? 

It occurred to me that several pending cases before a US court regard cultural property which is not on loan in the US, but is, and has been, in the ‘State of origin’. To name a few cases of past and present: the Altmann case, the Cassirer case, the Herzog case and the Popper case. Here we are not talking about immunity from seizure, but immunity from jurisdiction. And also in the Malewicz case, plaintiffs did not try to seize the cultural objects which were on loan to two US museums. 
The question what a ‘just result’ may be, will be answered differently by different people. But I have to sympathize with a Statement of Interest of the US in the Malewicz case. The heirs were there, in the view of the US authorities, “using the window of opportunity afforded by the Malewicz exhibition[s] as the jurisdictional hook for their claims”.
The Executive Branch stated: “if jurisdiction over a sovereign lender could be established solely by virtue of introduction into the United States of an exhibit immunized under section 2459, foreign States would be far less likely to agree to share their artwork with the American public, undermining the principal objective of section 2459” and “a finding of no jurisdiction in this case would merely prevent claimants from transforming into a sword what was intended to be only a shield.” From the perspective of international art loans, I have to admit that, in general, I have difficulties to agree with the idea that the presence of the objects (for the purpose of exhibition) in the jurisdiction of the borrowing State might provide a jurisdictional hook enabling the court in the borrowing State to exercise jurisdiction over the acts of a lending State. Even more, as domestic remedies often have not been exhausted. 
In regard to immunity from seizure, I have to recall that on February 3rd, 2012, the International Court of Justice was not at all hesitant to offer an opinion on immunity; it confirmed in the case Germany v. Italy that State property with a government non-commercial purpose, is immune from immunity from seizure unless the State which owns the property has expressly consented to the taking of the seizure or that that State has allocated the property in question for the satisfaction of a judicial claim. 
Finally with regard to the current US draft legislation, which aims to make the relationship between the FSIA and the IFSA clearer: I do think that the content of this legislation confirms the main conclusions of my study: I come to the conclusion that indeed a relatively young rule of customary international law exists, although not yet firmly established or well defined in all its aspects, stating that cultural objects belonging to foreign States and on temporary loan for an exhibition are immune from seizure. However, an important remark needs to be made in that regard: in order to be considered as a rule of customary law, a rule needs to be based, among other things, on a widespread, representative and virtually uniform practice of States (as well as opinio juris). With regard to some categories of cultural State property, this wide, virtually uniform acceptance is absent. The most important category regards cultural objects plundered during armed conflict. Based on my study, I would say that, generally speaking, the main sentiment among States is that such objects should not deserve protection. Although not legally but certainly morally binding, many States subscribed to the 1998 Washington Principles on Holocaust Era Assets, the 2000 Vilnius Declaration on Holocaust Era Looted Cultural Assets and the 2009 Terezin Declaration on Holocaust Era Assets and Related Issues. Moreover, several States established Restitution or Spoliation Committees in order to restitute cultural objects to heirs of World War II victims. Also the draft legislation which is currently under assessment of the US Senate confirms the immunity for cultural property on loan, unless it regards cultural property illicitly taken during the Holocaust.

May 5, 2012

Italian Court Confirms Seizure of "Getty Bronze"

The Getty received some very bad news Thursday.

Jason Felch reports on a ruling by an Italian regional magistrate in Pesaro upholding an earlier ruling to seize the bronze statue.

The ruling Thursday by a regional magistrate in Pesaro will likely prolong the legal battle over the statue, a signature piece of the Getty's embattled antiquities collection whose return Italian authorities have sought for years. "This was the news we were waiting for," said Gian Mario Spacca, president of the Marche region where the statue was hauled ashore in 1964, in an interview with Italian reporters. "Now we will resume contacts made with the Getty Museum to build a positive working relationship." Spacca visited the Getty last year hoping to negotiate an agreement to share the statue. But the Getty has made clear it will fight in court to keep the piece and is expected to appeal the ruling to Italy's highest court.

Using a domestic court to seek the seizure of an illegally exported object from another country has not been attempted before. But Italy has been at the forefront of repatriation strategies. This novel approach could lead to a new legal tool for nations of origin to pursue, if it can convince the Attorney General and a U.S. District Court to enforce this seizure order. The Getty appealed the earlier ruling, and they did so for a reason, this case could set a precedent which would open up museums to seizure suits in the nation of origin.

It should be interesting to watch this dispute continue. For background on this dispute, see here.
  1. Jason Felch, Italian court upholds claim on Getty bronze, L.A. Times, May 4, 2012, http://www.latimes.com/entertainment/arts/culture/la-et-getty-bronze-ruling-20120504,0,2759444.story (last visited May 5, 2012).

May 3, 2012

Destruction and Looting in Syria

AP Photo of destruction in Homs
There are increasing reports of destruction in Syria. Sites like Krak des Chavaliers, Palmyra, Elba, and historic buildings in Homs are all at risk. Government forces in some cases are shelling civilian areas—the Citadel of Al Madeeq has been shelled, with a tragic result for the site and for the inhabitants.

The AP describes the damage: "shells thudded into the walls of the 12th century al-Madeeq Citadel, raising flames and columns of smoke as regime forces battled with rebels in March. The bombardment punched holes in the walls, according to online footage of the fighting."

There are reports of looting, including some by government forces and others. Rodrigo Martin, an archaeologist who has worked in Syria describes some of the destruction:

We have facts showing that the government is acting directly against the country's historical heritage,. . . What we know . . . Syrian heritage has already provided a huge quantity of information, but we can safely say that the part that has not yet been studied is even bigger,. . . [the destruction] is like burning a page in the book of history of mankind.
This kind of damage, which approaches intentional destruction similar to the destruction of the Buddhas at Bamiyan will be difficult to prevent. With respect to the looting and damage being done, sadly there are not a whole lot of good options the heritage community can call for, apart from a peaceful resolution of the conflict, and renewed vigilance in the marketplace to watch out for the kinds of objects which looters may be taking from Syria.
  1. Syria’s Cultural Treasures Latest Uprising Victim, NPR.org,   May 1, 2012, http://www.npr.org/templates/story/story.php?storyId=151783292 (last visited May 3, 2012).

May 2, 2012

Arrests in the Fitzwilliam Theft

There are reports that between two and six individuals have been arrested in connection with the theft of 18 Chinese objects from the Fitzwilliam Museum in Cambridge. The theft was the subject of BBC's Crimewatch Tuesday:

The stolen pieces had been given as gifts or bequests to the museum, with some experts estimating the artifacts to be worth approximately £18 million (about $28.7 million Cdn). None of the artifacts has been recovered. Police sought help from the public through a segment on the BBC-TV program Crimewatch on Tuesday evening. The show aired closed-circuit camera footage of four suspects sought in conjunction with the robbery.
As Dick Ellis explained in an interview last week, these thieves probably saw the booming trade in Chinese artworks, and may not have understood how difficult an eventual sale would be. Much in the same way similar objects were stolen from the Durham museum.

17th Century jade "imaginary beast" stolen from Fitzwilliam MuseumNoah Charney speculated last week that the stolen objects will be "smuggled [to China] . . . for in China the general rules about not purchasing art without performing Due Diligence and checking stolen art databases do not apply. Provenance is far less of an issue, sometimes for cultural reasons, but also for practical ones–Internet black-outs mean that many in China could not check stolen art databases, even if they were inclined to do so." I'm not sure that will be the case.

The Chinese have—on paper at least—the most regulated art market in the world, with a tiered series of regulation. It is one of the only sets of regulations which puts direct regulation in the art market, at the point of sale. Are there problems and corruption? Perhaps. But what art market—whether its in Rome, Paris, London, or New York is not corrupt?

In 2002, the Standing Committee of the National People’s Congress passed the Law on the Protection of Cultural Relics. The 2002 Law legalizes private transactions involving cultural relics in five circumstances, (1) legal inheritance or gift; (2) purchase from cultural relics shops; (3) purchase from cultural relics auction enterprises; (4) exchanges or transfers between individual citizens; and (5) other methods authorized by the central government. Many of these transactions take place at officially sanctioned cultural relics shops and auction enterprises; and the 2002 Law prohibits a cultural relic shop from running an auction and vice versa.

Under Article 58, the government may buy any cultural relic submitted to a mandatory inspection before sale pursuant to Article 56. During this mandatory inspection, under Article 56, the government is given a kind of right of first refusal, with the purchase price determined by the government representative. Pursuant to article 57, in the event of a sale to a private individual, a report is produced, effectively tracking the buyers and sellers of cultural objects. This new regulatory framework seems a very aggressive strategy, and one that, if implemented effectively, could positively impact the illicit trade in China. However, implementing this strategy may be difficult and subject to corruption.  And yet by recording who buys what, it may be possible not only to track the chain of title of specific cultural objects, but also to evaluate whether individuals are routinely buying and selling stolen, looted, or suspicious objects. What other nation does this routinely? Perhaps the Italian Carabinieri, but that may be it.

Many in the West have an immediate reaction to all things China. And I think that quote above does not really convey the reality of the Chinese art market. Prof. Paul Bator remarked in 1983 that China was the great under-researched area of the world when it comes to sources of heritage theft (he called it art theft). Despite s few reports, that is still the case. We can blame the Chinese for other problems perhaps, but the Chinese art market does not I think bear the collective guilt for the Fitzwilliam theft. Rather it seems to be a more homegrown set of thieves from East London.
  1. He Shuzhong, Protection of China’s Cultural Heritage, 5 J. Art, Antiquity & L., 19 (2000).
  2. J. David Murphy, Plunder and preservation : cultural property law and practice in the People’s Republic of China, (1995), http://www.bcin.ca/Interface/openbcin.cgi?submit=submit&Chinkey=204154 (last visited May 2, 2012).
  3. Andrew Jacobs, China Hunts for Art Treasures in U.S. Museums, The New York Times, December 17, 2009, http://www.nytimes.com/2009/12/17/world/asia/17china.html?_r=2&hp (last visited Dec 17, 2009).
  4. Peter Foster, China to study British Museum for looted artefacts, Telegraph.co.uk, October 19, 2009, http://www.telegraph.co.uk/news/worldnews/asia/china/6374959/China-to-study-British-Museum-for-looted-artefacts.html (last visited Oct 20, 2009).

Labels

"Bronze Statue of a Victorious Youth" (17) 1954 Hague Convention (12) 1972 World Heritage Convention (1) Aboriginal Heritage (1) Aboriginal Heritage Act 1988 (SA) (2) act of state doctrine (1) Admiralty Law (11) Afghanistan (10) Africa (4) Albright-Knox Gallery (3) Aleppo (2) Alfred Stieglitz (2) Alternative Dispute Resolution (1) Angkor (1) Anti-Seizure Legislation (1) antiquites (3) antiquities (337) Antiquities Act 1906 (2) Antiquities leasing (10) antiquities looting (4) antiquities smuggling (3) antiquities theft (6) ARCA (8) ARCA Annual Conference (10) ARCA MA Program (6) Archaeological Resources Protection Act (5) Archival Recovery Team (ART) (3) Archives (1) Armed Conflict (22) Arrests (79) Art and Cultural Heritage Law (1) Art Beat Constables (9) Art Crime Statistics (1) art fraud (9) art history (1) Art Institute Chicago (3) art law (1) Art Loans (9) Art Loss Register (19) Art Market (10) Art Theft (262) Artist Resale Right (1) arts funding (1) Association of Art Museum Directors (AAMD) (8) Athens (3) Auction (99) austerity (2) Australia (7) Austria (3) Authentication (3) Babylon (3) Banksy (1) Big Bend National Park (1) bilateral agreements (2) Black Hills (1) Bolton Forgers (4) Book Theft (3) Brazil (5) British Museum (13) Bronze (5) Bronze Statue of a Victorious Youth (1) Brueghel (1) Bruno Lohse (3) Brussels (1) Bührle Collection Theft (4) Bulgaria (4) Burke and Wills (2) Burns Mummies (1) Byzantine Artifacts (4) Cairo (1) Cairo art theft (2) California Raids (6) Caligula (1) Cambodia (11) Camille Pissarro (7) Carabinieri (6) Caravaggio (1) catalogue raisonné (1) Cellini Salt Cellar (2) Central Park (1) Cerveteri (1) Chance Finds (3) Charles Goldie (1) Chihuly Glass (1) China (15) Christie's (14) Church Thefts (6) Civil War (2) Claude Monet (4) Claudia Seger-Thomschitz (3) Cleveland Bronze Apollo (2) Cleveland Museum of Art (CMA) (5) Coins (7) Colonial Art (1) Columbia (1) Conferences (7) Conservation (1) Conventions (1) Copyright (5) Corot (1) Corrections (1) cosmpoplitanism (4) Costa Rica (2) CPIA (10) criminal charges (5) criminology (1) Crystal Bridges Museum (5) Cultral Property Advisory Committee (9) Cultural First Aid (2) cultural heritage (6) cultural heritage careers (2) Cultural Heritage Moot Court Competition (2) Cultural heritage movement (1) cultural justice (3) cultural policy (18) cultural property (4) Cultural Resource Management (1) cultural security (1) culture funding (1) curatorial theft (2) Cycladic Figurines (1) Cyprus (9) Dahshour (1) Dallas Museum of Art (DMA) (2) Database (5) Databases (4) DCMS (2) Deaccessioning (24) Dead Sea Scrolls (1) Dealing in Cultural Objects (Offences) Act 2003 (4) Declaratory Suits (4) Demand and Refusal (2) Design and Artists Copyright Society (1) Detroit Institute of Art (1) development (1) Dick Ellis (2) Diplomatic Bags (1) Doctrine of Discovery (3) Donald Trump (3) Donny George Youkhanna (2) Dr. No (6) Droite de Suite (2) Dubai (1) due diligence (5) eBay (5) Economics (1) Ecuador (1) Edgar Degas (2) Edinburgh (1) Edoardo Almagia (1) Edvard Munch (2) Egon Schiele (4) Egypt (55) El-Hibeh (2) Elgin Marbles (5) empirical studies (1) England (4) environmental justice (4) Environmental law (2) Erik Nemeth (1) Etruscans (2) Euphronios Krater (4) European Court of Human Rights (1) Export Restrictions (19) Fakes (6) FBI (16) FBI Art Crime Team (16) Festivus (1) Fifth Circuit (1) fire (1) Fisk University (3) Footnotes (59) force multiplier (1) Foreign Sovereign Immunities Act (FSIA) (6) forfeiture (13) Forgery (27) fossils (2) Four Corners Antiquities Investigation (11) fractional ownership (2) Francavilla Marittima (1) France (30) Francesco Rutelli (15) Frans van Mieris (2) Frederick Schultz (3) freedman's town (2) Gaza (1) George Grosz (1) Georgia (1) Georgia O'Keeffe (2) Germanicus (2) Germany (16) Getty (1) Ghent Altarpiece (1) Giacomo Medici (6) Gianfranco Becchina (1) Golf (3) good faith (3) Goya (3) Goya theft (4) graffiti (1) Greece (38) Grosz (1) Henri Matisse (1) Henry Moore (1) Heritage at Risk (1) heritage crime (1) Heritage Crime in Art (1) Hermitage (2) High Court in London (4) historic documents (1) Historic Landmark (1) historic preservation (1) historic weapons (1) Holocaust (Return of Cultural Objects) Act (2) Hopi (1) House of Commons Illicit Trade Advisory Panel (ITAP) (1) Houston (2) Howard Spiegler (2) Human Remains (5) Human Rights (1) Hungary (1) Identification (1) illicit excavation (1) Immigration and Customs Enforcement (16) Immunity (6) Immunity from Seizure Act (ISA) (3) import restrictions (3) in the media (7) Indemnity (1) Indianapolis Museum of Art (5) indictments (5) Indigenous Rights (2) Indonesia (1) injunctions (1) Insider Theft (2) Institute d'Egypte (1) Institute of Art and Law (1) Institutional theft (1) Intellectual Property (4) Intentional Destruction (6) International Criminal Court (ICC) (1) International Journal of Cultural Property (1) internationalism (4) INTERPOL (1) Interview (2) Interviews (2) Iran (8) Iran v. Barakat Galleries Ltd. (6) Iran v. Berend (3) Iraq (46) Isabella Stuart Gardner Museum (7) Islamic art (2) Israel (4) Istanbul (2) Italian Art Squad (5) Italian Culture Ministry (6) Italy (122) Jacques Goudstikker (4) James Ossuary (1) Jan Breugel the elder (2) Jan van Eyck (1) Japan (3) Jeanneret v. Vichy (1) Jeff Tweedy (1) Jenack v. Rabizadeh (1) JMW Turner (2) John Constable (1) Jonah Marbles (1) Jonathan Tokeley-Parry (1) Jordan (2) Joseph Farquharson (2) Journal Articles (1) Journal of Art Crime (1) Ka-Nefer-Nefer (9) Kansas (2) Kansas City (1) Kazimir Malevich (3) Kenya (1) Kingsland (3) Klimt (3) Koh Ker (6) Konowaloff v. Metropolitan Museum of Art (1) Kunsthal Museum Theft (2) La Dea Di Morgantina (6) Lawrence Kaye (1) Lebanon (1) Leonardo Da Vinci (9) Leopold Museum (1) Lewis Chessmen (5) lex originis (3) lex situs (5) Libya (2) Lincoln's Inn theft (1) Lithographs (1) loans (5) London (6) London Art and Antiques Unit (7) London Metropolitan Police (2) loot (1) looting (30) Los Angeles County Museum of Art (LACMA) (2) Los Angeles Museum of Contemporary Art (MOCA) (1) LS Lowry (3) Lucas Cranach (1) Lucas Cranach the Elder (3) Lucian Freud (1) Macedonia (1) Machu Picchu (12) Madonna of the Yarnwinder (recovery) (9) Mali (4) Malta (1) Manchester (2) manuscript (1) Maori (2) maps (2) Marc Chagall (1) Marion True (25) Mark Landis (1) market overt (1) Mausoleum at Helicarnassus (1) Max Stern (3) Maxwell Anderson (3) metal detecting (6) Metropolitan Museum of Art (the Met) (29) Mexico (9) Meyer de Haan (1) MFA Boston (6) Michael Brand (3) Michael C. Carlos Museum (1) Michael Steinhardt (2) Middle Eastern Geodatabase for Antiquities (MEGA) (1) Minneapolis Institue of Arts (MIA) (1) Moctezuma's Headdress (1) Modigliani (2) MoMA (4) Mondrian (1) Monet (3) Montreal Museum of Fine Art (2) Monument Men (5) Monuments Men (1) Moral Rights (3) Morgantina (2) Morgantina Aphrodite (9) Morgantina Treasure (1) Moscow (2) Musée d'Art Moderne theft (1) Museum Acquisitions (1) Museum Governance (1) Museum of Anatolian Civilizations (1) Museum of Fine Arts in Boston (6) museum security (2) museum theft (2) Museums Libraries and Archives Council (MLA) (1) Music (2) Myth (1) Napoleon III (1) National Academy (2) National Archaeological Museum in Naples (1) National Archives (3) National Gallery (Washington) (1) National Historic Preservation Act (2) National Stolen Property Act (8) nations of origin (5) Native American Graves Protection and Repatriation Act (8) Native Americans (17) native cultures (2) Nazi Spoliation (74) Neglect (1) Neil Brodie (1) Nelson-Atkins' Bloch Building (1) Netherlands (10) New Acropolis Museum (3) New Orleans (4) New York (6) New Zealand (7) Nigeria (1) nighthawking (3) Noah Charney (1) Norbert Schimmel (1) Norman Palmer (1) Norman Rockwell (2) Norway (4) NSPA (1) Nuclear Analytical Techniques (1) Odyssey Marine Exploration (23) Olympics (2) Omaha Nebraska (1) Organized Crime (1) Orphaned Works (2) Oskar Kokoschka (2) Oslo (1) Pablo Picasso (16) Pakistan (2) Palestine (3) Panama (1) Paolo Ferri (2) Paris (10) partage (1) Parthenon Marbles (17) Patents (1) Patty Gerstenblith (1) Paul Bator (2) Paul Cezanne (5) Paul Gauguin (4) Pazardzhik Byzantine Silver Hoard (1) Penn Museum (1) Pentagon (1) Pere Lachaise (1) Persepolis (3) Peru (24) Peru Headdress (1) Peter Watson (1) Philadelphia (7) Phillipines (1) Picasso (9) Pierre Le Guennec (1) Pierre Valentin (1) piracy (1) Pollock (1) Pompeii (3) Popular Culture (1) Portable Antiquities Scheme (25) Portrait of Wally (11) Poussin (1) pre-Columbian antiquities (2) pre-emptive archaeology (1) Prince Claus Fund (1) Princeton (4) Private Collectors (2) Private International Law (5) Proceeds of Crime Act 2002 (UK) (1) Prosecutions (7) provenance (13) Prussia (1) Public Art Theft (5) Public Trust (1) Publications (2) Quran (1) Radio (2) Ransom (2) realkulturpolitik (1) recovery (45) Rembrandt (2) Rene Magritte (2) Renoir (2) Renvoi (3) repatriation (121) Restitution (40) reward (1) Rhodes (1) Robert Hecht (8) Robin Symes (1) Rodin (2) Roger Atwood (1) Roman Objects (2) Rome (3) Rothko (1) Royal Academy (1) Rubens (3) Rubin v. Islamic Republic of Iran (2) Russia (11) Sale of "The Cello Player" (1) Sale of the "Gross Clinic" (11) Sale of the Stieglitz Collection (4) Salvage (1) Sao Paulo (2) Sao Paulo Museum of Art (3) Scheduled Ancient Monuments (1) Scholarship - Articles and Essays (57) Scholarship - Book Reviews (3) Scholarship - Books (12) Scholarship - Case Notes (1) Scholarship - Events and Conferences (55) Scholarship - Journal Articles (12) Scholarship - Student Papers (16) Scotland (7) Scotland Yard's Arts and Antiques Squad (1) scrap metal (1) Sculpture (2) security (4) seizure (16) Selling stolen art (1) seminars (1) semiotics (1) Sentencing (2) Serbia (1) settlement (1) Sevso Treasure (6) Shelby White (3) shipwreck (1) Sicily (4) Simon Mackenzie (2) Sisley (4) Slovakia (1) Smithsonian (4) Solomon R. Guggenheim (1) Sonic Fingerprints (1) Sotheby's (13) Sotheby's Paris (1) South Africa (1) South America (1) Spain (21) Spoliation (2) Spoliation Advisory Panel (8) St. Louis Art Museum (8) St. Ninian's Isle Treasure (3) Stair Gallery (2) State Department (2) Statue of a Victorious Youth (1) statute of frauds (1) Statutes of Limitations (10) Stephane Breitwieser (1) Stephen Colbert (1) Steven Spielberg (1) stewardship (2) Stolen Art (11) Stone Age (1) street art (1) study collections (1) Summer Palace Bronzes (7) Sweden (2) Switzerland (13) Syria (7) Taliban (1) Tennessee (3) The Art Fund (1) The Bowers Museum (1) The Discovery Rule (4) the fourth ward (1) The Getty (57) The Gross Clinic (1) The Guggenheim (2) The Holocauset (stolen art) restitution bill (2) the Louvre (2) The Menil (4) The National Gallery (1) The National Gallery (London) (2) the Pirate Party (1) The Scream (1) theft (2) Thomas Eakins (9) Thomas Jefferson (1) Timbuktu (2) Titian (1) Toledo Museum of Art (4) tombaroli (2) tourism (1) transparency (1) Traprain Law (1) Traveling Exhibitions (2) Treasure Act (4) treasure trove (3) Turkey (11) UCC (1) Ukraine (2) UN (2) Underground Salt Museum (1) Underwater Cultural Heritage (32) Underwater Sites - "Black Swan" (3) Underwater Sites - "Blue Baron" (1) Underwater Sites - HMS Victory (3) UNESCO (23) UNESCO Convention (24) UNESCO Convention on the Protection of Underwater Cultural Heritage (9) UNIDROIT Convention (2) United Kingdom (24) United States (12) University College London (1) University of Chicago (1) University of Guelph (1) University of Virginia (3) urban development (1) Van Gogh (7) Vandalism (4) Vatican (1) Vermeer (2) Victoria And Albert Museum (3) Vigango (3) viking (1) Villa Giulia (3) Vineberg v. Bissonnette (4) Visual Artists Rights Act (2) voluntary returns (1) Von Saher v. Norton Simon Museum of Art at Pasadena (3) Watts Towers (1) Waverley Criteria (10) Week in Review (3) West Bank (1) wikiloot (1) Wilco (1) William S. Burroughs (1) Windsor Antiquities Indictment (1) World Heritage Sites (1) World War II (11) Yale University (13) year in review (2) Zahi Hawass (9)

LinkWithin

Related Posts Plugin for WordPress, Blogger...