Location, Location, Location:
The Role of Lex Situs in Modern Claims for the Return of Cultural Objects
London, 30th November 2007, 1.30-5.30pm
The world of art and antiquities continues to give rise to seminal legal decisions based on the private law of title. Despite the entry by many countries into international instruments governing claims for the return of cultural objects, claims continue to be brought and determined according to normal principles of private law applicable to commercial and cultural commodities alike. Such claims conform to a long tradition running in recent years from the Winkworth case in 1980 to two decisions involving the Islamic Republic of Iran earlier this year.
The aim of this conference is to examine the workings of the ordinary law of title in a cross-border setting and to ask whether private title claims are more effective than claims based on international treaties or other legal devices. Among the questions to be considered are the scope of the lex situs rule, its operation in twoparty and three-party cases, its relation to national ownership and confiscatory laws, the justiciability of such laws in common law courts, and the case for distinct common law rules governing cultural property independently from ordinary articles of commerce. The lex situs rule will be examined in detail, both as it applies in the United Kingdom and other jurisdictions. The interrelation between the lex situs
rule and international conventions (UNESCO 1970, Unidroit and the European Directive and Regulation) will also be explored. The recurrent focus will be on tangible cultural objects and the special nature of such material in modern law and policy. The conference will end with an instructive case study based on modern authority and practice.
Speakers at this seminar include:
Professor Norman Palmer, (Barrister), Jeremy Scott (Withers), Dr Janeen Carruthers (University of Glasgow), Professor Johan A. Erauw (University of Ghent), Judge Shoshana Berman (Israel), Derek Fincham (University of Aberdeen), Marc-André Renold (Art Law Centre, Geneva), Kevin Chamberlain (Barrister).
This seminar qualifies for 3.5 hours Law Society CPD and 3.5 hours Bar Council CPD.
To reserve a place please return the form overleaf, or visit our web site at http://www.ial.uk.com/
INSTITUTE OF ART AND LAW
Pentre Moel, Crickadarn, Nr Builth Wells
Powys, LD2 3BX, United Kingdom
Tel +44 (0)1982 560 666
Fax +44 (0)1982 560 604
The Attic (a name which commemorates our first physical location) is, first and foremost, a site for the research students of the School of Museum Studies at the University of Leicester: a virtual community which aims to include all students, be they campus-based and full-time, or distance-learning and overseas. But we welcome contributions from students of museum studies - and allied subject areas - from outside the School and from around the world. Here you will find a lot of serious stuff, like exhibition and research seminar reviews, conference alerts and calls for papers, but there's also some 'fluff'; the things that inspire, distract and keep us going. After all, while we may be dead serious academic types, we're human too.