Cultural Property: A Practitioner's Guide to the Law

Erscheinungsjahr 2023
ISBN: 978-1-5265-1616-9
Verlag: Bloomsbury

Buch, Englisch, 304 Seiten, Hardback, Format (B × H): 156 mm x 248 mm

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 artifacts, 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.

Cultural Property: A Practitioner's Guide to the Law 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

Autoren/Hrsg.

Muldoon, Racheal

Whittaker, Ruth

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Westeuropa, Südeuropa
• Rechtswissenschaften Ausländisches Recht Schweiz
• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)
• Geisteswissenschaften Kunst Kunst, allgemein Fälschung, Kunstraub
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht
• Rechtswissenschaften Wirtschaftsrecht Urheberrecht Kunst-, Musik-, Verlags- und Theaterrecht
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Recht mehrerer Jurisdiktionen, Synopsen

Inhaltsverzeichnis

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

Über Autor(innen)

Muldoon, Racheal
Racheal Muldoon is a barrister, mediator, and expert advisor with a specialist commercial practice spanning across the art, cultural antiquities, and auction house sectors. From 2019 - 2020, Racheal was the Senior Legal Counsel at the British Museum. During her time there, Racheal advised on all aspects of the Museum's activities, including loans and the insurance cover of priceless works, copyright, title, and corporate governance.

Racheal is an internationally recognised legal authority on the sale of Non-Fungible Tokens ("NFTs"). This year alone, Racheal has advised two world renowned international auction houses, assisting them with the launch of their first sales of NFTs of digital artworks, and the necessary amendment of their terms and conditions of sale relating to the acceptance of cryptocurrency payments for NFTs and 'flat' (i.e. physical) works. She often works alongside technical experts, such as smart contract programmers, to ensure that her clients do not expose themselves to criminal, regulatory, taxation and other risks.

For many years now, Racheal has been invited as a guest speaker to Christie's Education London, culminating in her headlining the 2021 Christie's international Art Law course.

Website: https://36group.co.uk/members/rm
LinkedIn: https://www.linkedin.com/in/rachealmuldoon

Racheal Muldoon
Racheal is a barrister, mediator, and expert advisor with a specialist commercial practice spanning across the art, cultural antiquities, and auction house sectors. From 2019-2020, Racheal was the Senior Legal Counsel at the British Museum. During her time there, Racheal advised on all aspects of the Museum's activities, including loans and the insurance cover of priceless works, copyright, title, and corporate governance.

Racheal is an internationally recognised legal authority on the sale of Non-Fungible Tokens ("NFTs"). This year alone, Racheal has advised two world renowned international auction houses, assisting them with the launch of their first sales of NFTs of digital artworks, and the necessary amendment of their terms and conditions of sale relating to the acceptance of cryptocurrency payments for NFTs and 'flat' (i.e. physical) works. She often works alongside technical experts, such as smart contract programmers, to ensure that her clients do not expose themselves to criminal, regulatory, taxation and other risks.

For many years now, Racheal has been invited as a guest speaker to Christie's Education London, culminating in her headlining the 2021 Christie's international Art Law course.

Ruth Whittaker
Ruth is a consultant