1st Edition
Cultural Property Crime and the Law Legal Approaches to Protection, Repatriation, and Countering Illicit Trade
This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property.
The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.
The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.
Table of Contents
0. Introduction
Michelle D. Fabiani
1. The Significance of the Convention on Offences Relating to Cultural Property 2017
Janet Ulph, Sophie Vigneron
2. Tantalising Evidence and a Failed Legal Claim: The Case of the St. Louis Art Museum Mummy Mask
David W.J. Gill
3. From Penal Minimalism to Effective Protection: The Evolution of International and EU Law Related to Cultural Property Crime
Flavio Di Bonito
4. Cultural Heritage Protection and Restitution Beyond the Divide Between Cultural Nationalism and Cultural Internationalism: The Need for a Holistic Approach
Anna Mosna
5. Returning Illegally Trafficked Cultural Objects: Civil Forfeiture at the Intersection of Private and Criminal Law
Patty Gerstenblith
6. Stemming Illegal Trade of Cultural Property – How Can Private Law Contribute?
Christian Armbrüster
7. How Great Thou Art: Combatting the Looting of Sacred Art and Artefacts by Tyrants, Gangsters, Terrorists, and Other Unholy Rogues
Khamal Patterson
8. Documenting Conflict Damage to Cultural Heritage Sites for Criminal Cases and Civil Actions: International Heritage Organisations and the Case of the Mosul Cultural Museum
Brian I. Daniels, Corine Wegener, Adam Y. Chang
9. Fraud Schemes in the Antiquities Market
Maria Gkioni
10. The Crime of the Century? An Exploratory Study into Indicators of Art
Naomi Oosterman, Fernanda Rodriguez Rodriguez
11. Envisioning Justice in Cultural Property Cases
Kate Melody Burmon
12. Cultural Property and Identity: Reconceptualising Restitution as a Form of Transitional Justice
Ruth Whittaker
13. The Making of Restitution by Regional Organisations: A Specific Way of Thinking about Cultural Property
Alice Lopes Fabris, Aliénor Brittman
14. Recovery and Restitution of Plundered Cultural Property in Bosnia and Herzegovina
Saida Hasanagic
15. The Repatriation of Cultural Heritage, the Case of South America
Ana Julia Yanase de Rezende
16. Conclusion
Kate Melody Burmon
Biography
Dr. Michelle D. Fabiani is an assistant professor of criminal justice in the Henry C. Lee College of Criminal Justice and Forensic Science at the University of New Haven in the United States.
Dr. Kate Melody Burmon is a research scholar affiliated with the Ronan Institute, located in the United States.
Dr. Saskia Hufnagel is a Professor at the University of Sydney Law School. She is a qualified German legal professional and accredited specialist in criminal law.
