ARCA's Fifth Annual International Art Crime Conference: Third Panel featured Nicholas M. O’Donnell, Jerker Rydén, Joris Kila

Judge Tompkins (left) with Nicholas O'Donnell, Jerker
Rydén, and Joris Kila (right)

by Sophia Kisielewska, ARCA Intern

After a delicious lunch served by the staff of La Locanda in the beautiful chiostro everyone settled back into their seats to listen to Panel Three. Moderating the panel was Judge Arthur Tompkins, a District Court Judge in New Zealand and a professor on ARCA’s Postgraduate Certificate program.

The first panelist was Nicholas M. O’Donnell, a litigation partner with Sullivan & Worcester LLP in Boston and New York, whose practice focuses primarily on complex civil litigation, representing collectors, dealers, artists and museums. O'Donnell is also the editor of The Art LawReport. O’Donnell’s presentation, “American Wartime Art Restitution Litigation in the 1990s and Beyond—Has it All Been Worth It?” looked at the difficult subject of art restitution, specifically its reception in America since the 1998 Washington Conference, when awareness of the problem was ignited.

O'Donnell used a number of case studies to understand if there has been a shift in how restitution cases are being addressed in courts. He said that the Portrait of Wally affair, and the case of Maria Atlmann and her claim of five paintings by Gustav Klimt, seemed to infer that a change had occurred, however the use of the Foreign Sovereign Immunities Act and the fact that courts are regularly dismissing claims based on statutes of limitations seems to indicate that courts are still very much against the claimants in art restitution cases.

O’Donnell emphasized that in almost all cases the battleground is the statute of limitations but he also pointed out that the FSIA has its own issues. To demonstrate his point he spoke of the Chabad Lubavitch library dispute. Currently Russia is being fined $50,000 for every day it defies the judgment held by US District Court for the District of Columbia on January 16 2013. Charges will be halted once Russia returns thelibrary of the late Menachem Schneerson to the plaintiffs, the current leadership of the worldwide Chabad Lubavitch movement, which they seem unlikely to do. O’Donnell spoke of the impact of this case on international relations and the art world and in his closing slides he reviewed what the future litigation, legislation, and diplomacy in cases of wartime restitution in the United States might consequently look like.

The second presentation was given by Jerker Rydén, the Senior Legal Advisor of the Royal Library of Sweden. Rydén has worked as a judge, a lawyer in private practice, and a national delegate to international copyright proceedings as well as senior legal advisor of the National Heritage Board of Sweden. In the recent past he has worked closely with assistant United States attorney Sharon Cohen Levin of the U.S. Attorney's Office for the Southern District of New York and the Federal Bureau of Investigation to help track and recover unique and valuable historical works that had been stolen from the library collections. In his presentation, “Skullduggery in the Stacks: Recovering stolen books for the Royal Library of Sweden” he discussed the legal and practical issues that faces the Royal Library of Sweden as it attempts to recover the 62 books that were stolen by Anders Burius, a former director of the Royal Library Manuscript Department, who was arrested in 2004 and who later committed suicide. [More details provided here by A.M.C. Knutsson]

Rydén used this case to explain the many techniques that are used by book thieves, such as breaking books into sub-parts and stealing and erasing finding aides (i.e., card catalogue entries) which means that such thefts can go undiscovered for decades. He spoke of the role of auction houses and booksellers in aiding book thieves by not doing their due diligence on the sellers and by not asking for provenance on the items. He went on to describe the book recovery efforts of the law enforcement in the United States and in Europe and the recovery efforts of industry organisations, such as international databases. At the end of his presentation Rydén made a point of saying that the effects of such thefts can damage the collective memory of a nation, which he described as ‘just like permanent brain damage’. 

The panel was brought to a close with a presentation by Joris Kila who is a senior researcher at the University of Vienna and reserve Lieutenant Colonel in the Dutch army. He is board member of the World Association for the Protection of Tangible and Intangible Cultural Heritage in Times of Armed Conflict in Rome, chairman of the International Cultural Resources Working Group and a member of the Research Forum on the Law of Armed Conflict and Peace Operations in the Netherlands as well as being a guest lecturer and researcher at the Netherlands and Austrian Defense Academies.

Dr. Kila's presentation, “An update on Armed Conflict and Heritage”, focused on the status of cultural property in recent areas of conflict. He described how cultural heritage has always been available for damage and manipulation thanks to its place in museums and other public spaces and its incontestable link to glorified and idealized pasts and as such it will continue to be heavily disputed and contested in future wartime conflicts as well as in pre- and post conflict phases. The damaging or destruction of cultural property is attacking the identity of the opponent while at the same time looting of cultural objects can be beneficial for the opposing forces such as insurgents for financial reasons thus generating a security issue to be taken into account by military organizations. Because of these issues it is clear that cultural property needs protecting in areas of conflict. Kila pointed out that research into current conflict and heritage aspects is lacking and is in desperate need of funding.

Dr. Kila's presentation covered a number of new developments and dilemmas in the international heritage discourse such as heritage and identity, trauma scapes, issues of increasing iconoclasm and debates about selecting what to preserve. Finally he spoke of today's situations in Egypt, Libya and Syria, as he has experienced and witnessed it in person, and emphasized that the situations in these war zones must be factored into these discussions.

Judge Tompkins (left) with Nicholas O'Donnell, Jerker
Rydén, and Joris Kila (right)

by Sophia Kisielewska, ARCA Intern

After a delicious lunch served by the staff of La Locanda in the beautiful chiostro everyone settled back into their seats to listen to Panel Three. Moderating the panel was Judge Arthur Tompkins, a District Court Judge in New Zealand and a professor on ARCA’s Postgraduate Certificate program.

The first panelist was Nicholas M. O’Donnell, a litigation partner with Sullivan & Worcester LLP in Boston and New York, whose practice focuses primarily on complex civil litigation, representing collectors, dealers, artists and museums. O'Donnell is also the editor of The Art LawReport. O’Donnell’s presentation, “American Wartime Art Restitution Litigation in the 1990s and Beyond—Has it All Been Worth It?” looked at the difficult subject of art restitution, specifically its reception in America since the 1998 Washington Conference, when awareness of the problem was ignited.

O'Donnell used a number of case studies to understand if there has been a shift in how restitution cases are being addressed in courts. He said that the Portrait of Wally affair, and the case of Maria Atlmann and her claim of five paintings by Gustav Klimt, seemed to infer that a change had occurred, however the use of the Foreign Sovereign Immunities Act and the fact that courts are regularly dismissing claims based on statutes of limitations seems to indicate that courts are still very much against the claimants in art restitution cases.

O’Donnell emphasized that in almost all cases the battleground is the statute of limitations but he also pointed out that the FSIA has its own issues. To demonstrate his point he spoke of the Chabad Lubavitch library dispute. Currently Russia is being fined $50,000 for every day it defies the judgment held by US District Court for the District of Columbia on January 16 2013. Charges will be halted once Russia returns thelibrary of the late Menachem Schneerson to the plaintiffs, the current leadership of the worldwide Chabad Lubavitch movement, which they seem unlikely to do. O’Donnell spoke of the impact of this case on international relations and the art world and in his closing slides he reviewed what the future litigation, legislation, and diplomacy in cases of wartime restitution in the United States might consequently look like.

The second presentation was given by Jerker Rydén, the Senior Legal Advisor of the Royal Library of Sweden. Rydén has worked as a judge, a lawyer in private practice, and a national delegate to international copyright proceedings as well as senior legal advisor of the National Heritage Board of Sweden. In the recent past he has worked closely with assistant United States attorney Sharon Cohen Levin of the U.S. Attorney's Office for the Southern District of New York and the Federal Bureau of Investigation to help track and recover unique and valuable historical works that had been stolen from the library collections. In his presentation, “Skullduggery in the Stacks: Recovering stolen books for the Royal Library of Sweden” he discussed the legal and practical issues that faces the Royal Library of Sweden as it attempts to recover the 62 books that were stolen by Anders Burius, a former director of the Royal Library Manuscript Department, who was arrested in 2004 and who later committed suicide. [More details provided here by A.M.C. Knutsson]

Rydén used this case to explain the many techniques that are used by book thieves, such as breaking books into sub-parts and stealing and erasing finding aides (i.e., card catalogue entries) which means that such thefts can go undiscovered for decades. He spoke of the role of auction houses and booksellers in aiding book thieves by not doing their due diligence on the sellers and by not asking for provenance on the items. He went on to describe the book recovery efforts of the law enforcement in the United States and in Europe and the recovery efforts of industry organisations, such as international databases. At the end of his presentation Rydén made a point of saying that the effects of such thefts can damage the collective memory of a nation, which he described as ‘just like permanent brain damage’. 

The panel was brought to a close with a presentation by Joris Kila who is a senior researcher at the University of Vienna and reserve Lieutenant Colonel in the Dutch army. He is board member of the World Association for the Protection of Tangible and Intangible Cultural Heritage in Times of Armed Conflict in Rome, chairman of the International Cultural Resources Working Group and a member of the Research Forum on the Law of Armed Conflict and Peace Operations in the Netherlands as well as being a guest lecturer and researcher at the Netherlands and Austrian Defense Academies.

Dr. Kila's presentation, “An update on Armed Conflict and Heritage”, focused on the status of cultural property in recent areas of conflict. He described how cultural heritage has always been available for damage and manipulation thanks to its place in museums and other public spaces and its incontestable link to glorified and idealized pasts and as such it will continue to be heavily disputed and contested in future wartime conflicts as well as in pre- and post conflict phases. The damaging or destruction of cultural property is attacking the identity of the opponent while at the same time looting of cultural objects can be beneficial for the opposing forces such as insurgents for financial reasons thus generating a security issue to be taken into account by military organizations. Because of these issues it is clear that cultural property needs protecting in areas of conflict. Kila pointed out that research into current conflict and heritage aspects is lacking and is in desperate need of funding.

Dr. Kila's presentation covered a number of new developments and dilemmas in the international heritage discourse such as heritage and identity, trauma scapes, issues of increasing iconoclasm and debates about selecting what to preserve. Finally he spoke of today's situations in Egypt, Libya and Syria, as he has experienced and witnessed it in person, and emphasized that the situations in these war zones must be factored into these discussions.

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Erik Nemeth on "The Diplomatic Case for Repatriating Art and Antiquities" in U.S. News

Erik Nemeth, formerly with the Getty Research Institute in Los Angeles, is a trustee of the Association for Research into Crimes against Art and an adjunct international security policy analyst at the nonprofit, nonpartisan RAND Corporation. Here's a link to Nemeth's article in U.S. News & World Report on "The Diplomatic Power of Art" which begins here:

Even as cultural property faces immediate peril today in conflict zones like Syria and Mali, there is anecdotal evidence that some nations are awakening to the diplomatic and foreign policy benefits that can flow from the repatriation of cultural patrimony.

While on a different scale from World War II, historic structures, religious monuments, and other priceless antiquities continue to suffer collateral damage and exploitation in armed conflict. Antiquities have been stolen, smuggled and sold in what is a reported multibillion dollar underground market. They have become the illicit prizes of private collectors and the subject of legal claims against museums.

So it goes in Syria, where wartime damage to World Heritage Sites, such as Krak des Chevaliers, seems intractable. In northern Mali, too, religious strife has brought ruin to centuries-old, historic shrines in Timbuktu. Where is the constructive potential of cultural property?

Erik Nemeth, formerly with the Getty Research Institute in Los Angeles, is a trustee of the Association for Research into Crimes against Art and an adjunct international security policy analyst at the nonprofit, nonpartisan RAND Corporation. Here's a link to Nemeth's article in U.S. News & World Report on "The Diplomatic Power of Art" which begins here:

Even as cultural property faces immediate peril today in conflict zones like Syria and Mali, there is anecdotal evidence that some nations are awakening to the diplomatic and foreign policy benefits that can flow from the repatriation of cultural patrimony.

While on a different scale from World War II, historic structures, religious monuments, and other priceless antiquities continue to suffer collateral damage and exploitation in armed conflict. Antiquities have been stolen, smuggled and sold in what is a reported multibillion dollar underground market. They have become the illicit prizes of private collectors and the subject of legal claims against museums.

So it goes in Syria, where wartime damage to World Heritage Sites, such as Krak des Chevaliers, seems intractable. In northern Mali, too, religious strife has brought ruin to centuries-old, historic shrines in Timbuktu. Where is the constructive potential of cultural property?

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Palmyra and other Syrian Cultural Heritage at Risk During Armed Conflict; UNESCO asks Syrian authorities to respect international cultural property protection conventions they have signed since 1954

by Catherine Sezgin, ARCA Blog Editor-in-Chief

Since early March, archaeologists, government officials and Syrian expatriates have been alarmed at the threat to cultural property sites in Syria after more than a year of civil conflict.  UNESCO has issued a request to the Syrian authorities to protect their cultural heritage in accordance with the international cultural property protection conventions they have signed since 1954.

Global Heritage Fund blogged on March 5, 2012 that the Syrian army was attacking Palmyra's Roman Ruins.  According to the report, the Syrian army has set itself up in a hilltop citadel and firing into the ancient ruins. 

Palmyra, located about 200 kilometers northeast of Damascus, an ancient Roman trading center accommodating caravans between Persia and the Mediterranean countries flourished in the 1st through the 3rd centuries.  It was one of the most important cultural centers of the ancient world.  It is a national monument and since 1980 included on UNESCO's World Heritage list.

According to the Global Heritage Network, "Protestors have made use of this UNESCO World Heritage Site during recent protests on December 30th of 2011.

On March 24, Popular Archaeology wrote in "Leaked Government Memo Warns of Organized Looting in Syria" that government is concerned that the current civil conflict in Syria will increase damage and theft from archaeological sites.  Syria has 25 antiquities museums throughout the country near the original excavation sites.

Kate Deimling for ARTINFO France reported March 27th that Syrian activists had appealed to UNESCO for financial aid to protect the country's ancient sites. One archaeologist reported that looting "takes place in the form of direct attacks on specific sites or clandestine searches of in storehouses holding historic pieces."

"The Syrian Expatriates Organization (SEO) is disturbed by the Assad regime's deliberate destruction and failure to preserve Syria's great archaeological sites and ancient antiquities," according to a press release dated March 28.  SEO asked that UNESCO issue a statement "condemning the Syrian government's actions regarding the potential loss of cultural property and for help in assessing the damage "as soon as the situation allows".

On March 30, the Director-General of UNESCO, Irina Bokova, appealed for protection of Syria's cultural heritage:

Earlier this year, UNESCO alerted the Syrian authorities, through their representative at UNESCO, about their responsibility to ensure the protection of cultural heritage.  'This situation is becoming more crucial by the hour,' stated the Director-General. 'I urge the Syrian authorities to respect the international conventions they have signed, in particular the 1954 Convention for the Protection of Cultural Properties in the Event of Armed Conflict, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970), and the 1972 World Heritage Convention. 

In the framework of the 1970 Convention, the Director-General has already contacted the World Customs Organization, INTERPOL, and the specialized heritage police of France and Italy to alert them to objects from Syria that could appear on the international antiquities market.  She has also called for the mobilization of all UNESCO's partners to ensure the safeguarding of this heritage.

The photos (by Catherine Sezgin) published here are second century funeral monuments from Palmyra on permanent display in January at Istanbul's Archaeological Museum.

by Catherine Sezgin, ARCA Blog Editor-in-Chief

Since early March, archaeologists, government officials and Syrian expatriates have been alarmed at the threat to cultural property sites in Syria after more than a year of civil conflict.  UNESCO has issued a request to the Syrian authorities to protect their cultural heritage in accordance with the international cultural property protection conventions they have signed since 1954.

Global Heritage Fund blogged on March 5, 2012 that the Syrian army was attacking Palmyra's Roman Ruins.  According to the report, the Syrian army has set itself up in a hilltop citadel and firing into the ancient ruins. 

Palmyra, located about 200 kilometers northeast of Damascus, an ancient Roman trading center accommodating caravans between Persia and the Mediterranean countries flourished in the 1st through the 3rd centuries.  It was one of the most important cultural centers of the ancient world.  It is a national monument and since 1980 included on UNESCO's World Heritage list.

According to the Global Heritage Network, "Protestors have made use of this UNESCO World Heritage Site during recent protests on December 30th of 2011.

On March 24, Popular Archaeology wrote in "Leaked Government Memo Warns of Organized Looting in Syria" that government is concerned that the current civil conflict in Syria will increase damage and theft from archaeological sites.  Syria has 25 antiquities museums throughout the country near the original excavation sites.

Kate Deimling for ARTINFO France reported March 27th that Syrian activists had appealed to UNESCO for financial aid to protect the country's ancient sites. One archaeologist reported that looting "takes place in the form of direct attacks on specific sites or clandestine searches of in storehouses holding historic pieces."

"The Syrian Expatriates Organization (SEO) is disturbed by the Assad regime's deliberate destruction and failure to preserve Syria's great archaeological sites and ancient antiquities," according to a press release dated March 28.  SEO asked that UNESCO issue a statement "condemning the Syrian government's actions regarding the potential loss of cultural property and for help in assessing the damage "as soon as the situation allows".

On March 30, the Director-General of UNESCO, Irina Bokova, appealed for protection of Syria's cultural heritage:

Earlier this year, UNESCO alerted the Syrian authorities, through their representative at UNESCO, about their responsibility to ensure the protection of cultural heritage.  'This situation is becoming more crucial by the hour,' stated the Director-General. 'I urge the Syrian authorities to respect the international conventions they have signed, in particular the 1954 Convention for the Protection of Cultural Properties in the Event of Armed Conflict, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970), and the 1972 World Heritage Convention. 

In the framework of the 1970 Convention, the Director-General has already contacted the World Customs Organization, INTERPOL, and the specialized heritage police of France and Italy to alert them to objects from Syria that could appear on the international antiquities market.  She has also called for the mobilization of all UNESCO's partners to ensure the safeguarding of this heritage.

The photos (by Catherine Sezgin) published here are second century funeral monuments from Palmyra on permanent display in January at Istanbul's Archaeological Museum.

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Catching up with Judge Tompkins About his "Art Crime during Armed Conflict" course at the University of Waikato's Law School

University of Waikato's Law School

Judge Arthur Tompkins, an instructor at ARCA's Masters Certificate Program in International Art Crime and Cultural Heritage Protection Studies, also taught a course in February in his home country.  ARCA Blog caught up with him to see how it went in New Zealand.

Tell us about the Art Crime course you presented earlier this year at the University of Waikato?

The University of Waikato's Law School hosted the course and offered it as a credit course to their own students.  It was also offered as a non-credit coruse through the Continuing Education arm of the University. The course was entitled "Art Crime during Armed Conflict", and, similarly to the course I teach in Amelia as part of the ARCA Masters, it was a five-day intensive course, comprising 5 hours of teaching each day for a week during the height of our Southern Hemisphere summer. We cover two thousand years of the history of art crime during war, and the international and private law responses to it. And all in five fun-filled and fascinating days! 

We ended up with 16 students in the group, from three countries and two hemispheres, with the largest sub-group being law students (I was teaching the course within a Law School, after all!). But the class also included a working artist, two art historians, a police officer, a doctor, an art gallery director, a cultural heritage worker, and others.  It all made for a vibrant and energetic group, and we had some spirited discussions!  And on the last day, ARCA's Noah Charney was able to join us, via Skype, from Slovenia, which was a real highlight.

University of Waikato's campus

At least two of the group will be in Amelia for this year's Art Crime Conference on 23/24 June, and in addition, in the last few days, I have learnt that one of the group has been accepted into the full ARCA Masters Program, so will get to spend the entire Italian summer living and studying in Amelia.

It is likely that the course will be offered every second year at Waikato University, so the next occasion will be in February 2014. I am presently investigating offering a similar course elsewhere in New Zealand in the intervening year.

What time period do students seem most interested in? Nazi theft?

The students were from a wide range of backgrounds and interests, as I said, and I think that as a result no one area or era stood out.  They have written (or are writing - the assignments from the for-credit students are due soon!) assignments on an equally wide range or topics - which is, I think, a testament to the breadth of scholarship that falls under the art crime umbrella.  And because the course covers not only the historical background to art crimes during wars over the centuries, but also the international and national legal responses, there is something of real interest there for everyone.

What do you think are the most contentious legal issues involved in conflict art?

Two difficult issues continue stand out for me - first, the return of objects taken during past armed conflict, that are held currently by a state or national institution, and where there is a call for return.  In that context no issue of private ownership arises, but rather the issue revolves around often contentious questions of the principles underlying the legal structures around the state's continued retention of the object, and the ability or willingness of a state, or its politicians, to relinquish possession. Secondly, the spectrum of responses by legal systems around the world to the bona fide purchaser rule - where someone has paid a reasonable price without knowledge of the fact that the item had in the past been stolen, do they or should they prevail over the original, dispossessed owner's rights? Different legal systems around the world adopt often mutually exclusive positions on this issue, and despite decades of work, the gulf remains unbridged.  We need to find some way of reconciling the irreconcilable!

In 2009 you spoke at the International Art Crime Conference in Amelia about a proposed International Art Crime Tribunal.  As you have now taught this course three times, how have your ideas about an IACT evolved? What would it take to make it happen and what do you think would be some of the first cases that you would like to see be dealt with?

I would still love to see such a Tribunal established, and nothing that I have seen or read or heard over the last three years has changed that view - to the contrary, there is still much to recommend it.  The United Kingdom's Spoliation Panel has shown that a tribunal can effectively apply both legal and moral criteria when resolving claims to disputed art, and, whilst effective in some cases, the litigation experience in the United States shows that the resolution of such disputes by "traditional" adversarial litigation brings with it inevitable constraints, in terms of access to justice, the restrictions inherent in the rules of evidence a court applies, and a likely win/lose result paradigm.  

What would it need to make this happen? As I said to the ARCA Conference in 2010, it needs a champion on the world stage, and a real commitment by a group of states with a single voice in the forums of international law - particularly the United Nations and within that, UNESCO - to make it happen.  Where either of those might be found, I do not know.  Until then, it will remain a lonely idea wandering at large in the world, although I was very heartened to hear Pablo Ferri support the idea at last year's ARCA Conference!  

By the way, I still think, for a whole lot of reasons, that Florence would be a very suitable seat for such a Tribunal!

University of Waikato's Law School

Judge Arthur Tompkins, an instructor at ARCA's Masters Certificate Program in International Art Crime and Cultural Heritage Protection Studies, also taught a course in February in his home country.  ARCA Blog caught up with him to see how it went in New Zealand.

Tell us about the Art Crime course you presented earlier this year at the University of Waikato?

The University of Waikato's Law School hosted the course and offered it as a credit course to their own students.  It was also offered as a non-credit coruse through the Continuing Education arm of the University. The course was entitled "Art Crime during Armed Conflict", and, similarly to the course I teach in Amelia as part of the ARCA Masters, it was a five-day intensive course, comprising 5 hours of teaching each day for a week during the height of our Southern Hemisphere summer. We cover two thousand years of the history of art crime during war, and the international and private law responses to it. And all in five fun-filled and fascinating days! 

We ended up with 16 students in the group, from three countries and two hemispheres, with the largest sub-group being law students (I was teaching the course within a Law School, after all!). But the class also included a working artist, two art historians, a police officer, a doctor, an art gallery director, a cultural heritage worker, and others.  It all made for a vibrant and energetic group, and we had some spirited discussions!  And on the last day, ARCA's Noah Charney was able to join us, via Skype, from Slovenia, which was a real highlight.

University of Waikato's campus

At least two of the group will be in Amelia for this year's Art Crime Conference on 23/24 June, and in addition, in the last few days, I have learnt that one of the group has been accepted into the full ARCA Masters Program, so will get to spend the entire Italian summer living and studying in Amelia.

It is likely that the course will be offered every second year at Waikato University, so the next occasion will be in February 2014. I am presently investigating offering a similar course elsewhere in New Zealand in the intervening year.

What time period do students seem most interested in? Nazi theft?

The students were from a wide range of backgrounds and interests, as I said, and I think that as a result no one area or era stood out.  They have written (or are writing - the assignments from the for-credit students are due soon!) assignments on an equally wide range or topics - which is, I think, a testament to the breadth of scholarship that falls under the art crime umbrella.  And because the course covers not only the historical background to art crimes during wars over the centuries, but also the international and national legal responses, there is something of real interest there for everyone.

What do you think are the most contentious legal issues involved in conflict art?

Two difficult issues continue stand out for me - first, the return of objects taken during past armed conflict, that are held currently by a state or national institution, and where there is a call for return.  In that context no issue of private ownership arises, but rather the issue revolves around often contentious questions of the principles underlying the legal structures around the state's continued retention of the object, and the ability or willingness of a state, or its politicians, to relinquish possession. Secondly, the spectrum of responses by legal systems around the world to the bona fide purchaser rule - where someone has paid a reasonable price without knowledge of the fact that the item had in the past been stolen, do they or should they prevail over the original, dispossessed owner's rights? Different legal systems around the world adopt often mutually exclusive positions on this issue, and despite decades of work, the gulf remains unbridged.  We need to find some way of reconciling the irreconcilable!

In 2009 you spoke at the International Art Crime Conference in Amelia about a proposed International Art Crime Tribunal.  As you have now taught this course three times, how have your ideas about an IACT evolved? What would it take to make it happen and what do you think would be some of the first cases that you would like to see be dealt with?

I would still love to see such a Tribunal established, and nothing that I have seen or read or heard over the last three years has changed that view - to the contrary, there is still much to recommend it.  The United Kingdom's Spoliation Panel has shown that a tribunal can effectively apply both legal and moral criteria when resolving claims to disputed art, and, whilst effective in some cases, the litigation experience in the United States shows that the resolution of such disputes by "traditional" adversarial litigation brings with it inevitable constraints, in terms of access to justice, the restrictions inherent in the rules of evidence a court applies, and a likely win/lose result paradigm.  

What would it need to make this happen? As I said to the ARCA Conference in 2010, it needs a champion on the world stage, and a real commitment by a group of states with a single voice in the forums of international law - particularly the United Nations and within that, UNESCO - to make it happen.  Where either of those might be found, I do not know.  Until then, it will remain a lonely idea wandering at large in the world, although I was very heartened to hear Pablo Ferri support the idea at last year's ARCA Conference!  

By the way, I still think, for a whole lot of reasons, that Florence would be a very suitable seat for such a Tribunal!

reade more... Résuméabuiyad