scholarly journals The Smuggling of Art, and the Art of Smuggling: Uncovering the Illicit Trade in Cultural Property and Antiques

2007 ◽  
Author(s):  
Raymond Fisman ◽  
Shang-Jin Wei
Keyword(s):  
Cultural Property ◽  
Illicit Trade

scholarly journals The Smuggling of Art, and the Art of Smuggling: Uncovering the Illicit Trade in Cultural Property and Antiques

2009 ◽  
Vol 1 (3) ◽  
pp. 82-96 ◽  
Author(s):  
Raymond Fisman ◽  
Shang-Jin Wei
Keyword(s):  
United States ◽  
Western Country ◽  
Cultural Property ◽  
Illicit Trade ◽  
Reporting Incentives ◽  
Highly Correlated ◽  
Rich Countries ◽  
Illicit Trafficking

We empirically analyze the illicit trade in cultural property and antiques, taking advantage of different reporting incentives between source and destination countries. We generate a measure of illicit trafficking in these goods by comparing imports recorded in United States' customs data and the (purportedly identical) trade recorded by customs authorities in exporting countries. This reporting gap is highly correlated with corruption levels of exporting countries. This correlation is stronger for artifact-rich countries. As a placebo test, we do not observe any such pattern for US imports of toys. We report similar results for four other Western country markets. (JEL F14, K42, Z11, Z13)

Part II Substantive Aspects, Ch.22 National Treasures at the Intersection between Cultural Heritage and International Trade Law

2020 ◽  
Author(s):  
Voon Tania
Keyword(s):  
International Trade ◽  
Cultural Property ◽  
Control Measures ◽  
Illicit Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
National Treasures ◽  
Wto Appellate Body ◽  
Definition Of

This chapter analyses the extent to which international trade law accommodates the export and import control measures that States commonly adopt in order to prevent illicit trade in cultural property in accordance with the 1970 UNESCO Convention. It examines the exception for ‘national treasures’ found in World Trade Organization (WTO) law and other international economic agreements. The definition of cultural property in the relevant UNESCO treaty is not necessarily identical to the meaning of national treasures in WTO law. Moreover, the WTO Appellate Body has shown reluctance to apply non-WTO law in determining WTO disputes, so a conflict between UNESCO and WTO provisions or domestic regulations might not necessarily be resolved as expected. This conclusion provides one example of the limitations of the current Appellate Body approach to international law and suggests, with respect to cultural property, that closer alliance in treaty drafting may be required to enhance coherence.

The Trade in Looted Antiquities and the Return of Cultural Property: A British Parliamentary Inquiry

2002 ◽  
Vol 11 (1) ◽  
pp. 50-64 ◽  
Author(s):  
David Gill ◽  
Christopher Chippindale
Keyword(s):  
Law Enforcement ◽  
Culture Media ◽  
Self Regulation ◽  
Cultural Property ◽  
Archaeological Sites ◽  
British Government ◽  
Property A ◽  
Law Enforcement Agencies ◽  
Illicit Trade ◽  
Antiquities Market

The British parliamentary report on Cultural Property: Return and Illicit Trade was published in 2000. Three key areas were addressed: the illicit excavation and looting of antiquities, the identification of works of art looted by Nazis, and the return of cultural property now residing in British collections. The evidence presented by interested parties—including law enforcement agencies and dealers in antiquities—to the Culture, Media and Sport Committee is assessed against the analysis of collecting patterns for antiquities. The lack of self regulation by those involved in the antiquities market supports the view that the British Government needs to adopt more stringent legislation to combat the destruction of archaeological sites by looting.

scholarly journals Reality and Practicality: Challenges to Effective Cultural Property Policy on the Ground in Latin America

2015 ◽  
Vol 22 (2-3) ◽  
pp. 337-356 ◽  
Author(s):  
Donna Yates
Keyword(s):  
Latin America ◽  
Case Studies ◽  
Developing World ◽  
Cultural Property ◽  
Illicit Trade ◽  
Effective Policy ◽  
Regulatory Development ◽  
Source Countries

Abstract:Although on-the-ground preservation and policing is a major component of our international efforts to prevent the looting and trafficking of antiquities, the expectation placed on source countries may be beyond their capacity. This dependence on developing world infrastructure and policing may challenge our ability to effectively regulate this illicit trade. Using case studies generated from fieldwork in Belize and Bolivia, this paper discusses a number of these challenges to effective policy and offers some suggestions for future regulatory development.

Experiences of the Hungarian criminal jurisdiction concerning the illicit trafficking of cultural properties

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gabriella Kármán
Keyword(s):  
Significant Risk ◽  
Organised Crime ◽  
Cultural Property ◽  
Background Information ◽  
Criminal Records ◽  
Cultural Goods ◽  
Content Type ◽  
Illicit Trade ◽  
Cultural Properties ◽  
Illicit Trafficking

Purpose The special purpose of this research was to identify the current features of illicit trade of cultural properties in Hungary and the procedures dealing with it. These offences pose a significant risk of damage to cultural property and have a strong link with organised crime. This relationship underlines the need for a criminal law approach worldwide in the field of the protection of cultural goods. Design/methodology/approach To explore the current situation in Hungary, an empirical research was conducted in 2018 with questionnaires designed to obtain data from the criminal records. To examine the phenomenon of “illicit trafficking”, the following types of crimes against cultural goods were selected: theft, dealing in stolen goods, robbery, budget fraud and criminal offences with protected cultural goods. Findings As a summary, it has to be stated that even though the number of the criminal procedure of these crimes in Hungary is low, it cannot be concluded that illicit trafficking of cultural goods in Hungary occurs only rarely. A specific characteristic of the phenomenon is high latency. To examine this phenomenon, the author has drawn up a list of indicators. Practical implications The aim of this project is to provide background information and materials for training programs. It is necessary to develop a more comprehensive understanding of the problem. The role of the experts is outstanding in these cases; the clear definition of their tasks and competence is very important. Information to all “actors of this scene” (from the collector to the art dealers) can contribute to the prevention too. Originality/value This study presents the characteristics of the criminal procedures and the difficulties of both the detection and the evidentiary process to provide educational material for training. The author would like to raise awareness about the problem and draw attention to the need for unified legal practice.

Ideological Warfare against Cultural Property: UN Strategies and Dilemmas

2016 ◽  
Vol 19 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Kirsten Schmalenbach
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
International Criminal ◽  
Cultural Property ◽  
International Criminal Law ◽  
Illicit Trade ◽  
Clear Cut ◽  
The World ◽  
International Responsibility ◽  
Emergency Measures

With iconic cultural heritage in Afghanistan, Mali, Libya, Iraq and Syria at the mercy of Jihadi extremists, the international community’s somewhat feverish compilation of emergency measures illustrates both the sense of urgency now felt, but also how unprepared the world was to be confronted with ideological warfare against the ‘culture of the heretics.’ The laws of armed conflict, and in its wake international criminal law, provide relatively clear cut proscriptive rules against ideologically motived cultural destruction, which cannot be said of peacetime rules on cultural heritage protection. But the threat of incurring international responsibility and punishment is seen as inconsequential when the perpetrators’ driving ideology distains external laws. On UN level, the Security Council has resorted to a global trade ban to target two birds with one stone: to dry-up is’s source of income through illicit trade in Iraqi and Syrian antiquities and to preserve artefacts by making illicit excavation and pillaging economically unattractive. Unfortunately the situation on the ground, with its many uncertainties regarding domestic implementation means the effectiveness of this measure is in abeyance.

The ethics of art dealing

1998 ◽  
Vol 7 (1) ◽  
pp. 116-127 ◽  
Author(s):  
P Marks
Keyword(s):  
International Relations ◽  
Cultural Property ◽  
Archaeological Sites ◽  
Ethical Standards ◽  
Export Controls ◽  
Illicit Trade ◽  
Legal Standards ◽  
Unesco Convention ◽  
Private And Public ◽  
Source Countries

The ethics of dealing in antiquities may be discussed in two parts: first, the ethical standards that govern the trade and its relation to clients, and second, the new legal standards that affect dealers and collectors arising from political ambitions in the international relations between source and market nations. Friction between these competing interests began with the ratification of the UNESCO Convention in 1972 and the passage of the Cultural Property Implementation Act in 1983. Unrealistic political approaches to the illicit trade in antiquities have exacerbated rather than solved the problem. A resolution of the conflicts, contradictions, and ambiguities of the present situation can be achieved by stressing the safety of objects and archaeological sites over partisan goals. A satisfactory denouement can be achieved through a partnership between source countries and the market, through an abandonment of retentionist export controls, and through the establishment of an open, free, and rational coalition. Any solution to present difficulties ought to acknowledge the value of continuing to collect and preserve antiquities in private and public collections.

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