Bator An Essay On The International Trade In Art

Bator An Essay On The International Trade In Art-64
As noted in the first two Volumes of this Journal, the legal structure we call art law (an amalgam of personal property law, contract, estate, tax and intellectual property law) supporting the acquisition, retention and disposition of fine art, often fits uneasily with art market custom and practice.

As noted in the first two Volumes of this Journal, the legal structure we call art law (an amalgam of personal property law, contract, estate, tax and intellectual property law) supporting the acquisition, retention and disposition of fine art, often fits uneasily with art market custom and practice. This issue contains three essays, which will become available on ARTNET, starting July 2012.The good news is that prudence and diligent investigation will be rewarded. Each category of legal risk must be independently evaluated. The prudent purchaser will go through the checklist and satisfy himself as to each category of potential liability. Today it is widely known that many foreign “source” nations have nationalized ownership of all archeological objects, in or out of the ground. Because export was documented to predate Sudan’s national existence, it was initially argued to U. Customs that Sudan couldn’t claim the pieces because no Sudanese law applied.

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Illicit antiquities are a major resource for traffickers, ranking among other highly trafficked commodities such as narcotics.

UNESCO estimates the legal antiquities trade to be worth US$2.2 billion annually; however, the financial scope of the illicit trade is ultimately unknowable as black market statistics are notoriously difficult to ascertain. “Art Market.” In Yearbook of Cultural Property Law, edited by David Tarler and Sherry Hutt, 101–18.

Introduction Buying and selling ancient art requires the prudent purchaser to research the provenience (country of origin) and provenance (history of ownership) of an object and to evaluate the available information in the context of the legal framework discussed below.

In my experience, objects that have a plausible history of ownership and origin, even if not fully documented, can, generally, be safely purchased.

Illegal excavators visit remote archaeological sites or those near cities under the cover of darkness. “A Seductive and Troubling Work.” In Archaeological Ethics, edited by Karen Vitelli, 54–61.

General Scholarship Essay Outline - Bator An Essay On The International Trade In Art

In some countries they use heavy equipment to move massive amounts of earth, while others use shovels and spades.

Using SCUBA equipment or free diving, others directly loot sites. “An Essay on the International Trade in Art.” Stanford Law Review 34 (1982): 275–384. "Bad actors and faulty props: unlocking legal and illicit art trade." 14 (2013): 359-385. “Transnational Crimes Against Culture: Looting at Archaeological Sites and the “Grey” Market in Antiquities.” Journal of Contemporary Criminal Justice 24 (2008): 225–42. Stealing History: The Illicit Trade in Cultural Material. “Art Crime in Context.” In Art and Crime, Exploring the Dark Side of the Art World, edited by Noah Charney, xvii–xxv.

Finally, treasure hunters use large scale marine exploration equipment to locate and salvage shipwrecks. Cambridge, UK: Mac Donald Institute for Archaeology Research, 2000. “Frequency and Figures of Organized Crime in Art and Antiquities.” In Organised Crime in Art and Antiquities, edited by Stefano Manacorda, 29–40.

The Medici Conspiracy: The Illicit Journey of Looted Antiquities from Italy’s Tomb Raiders to the World’s Greatest Museums.

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