For the leaflet click on : Art and Heritage Disputes_Programme 14 01 13
Art and Heritage Disputes
Maastricht University- 24-25 March 2013
ART AND HERITAGE DISPUTES
CONFERENCE PROGRAMME
The conference aims to identify, map and critically assess the number of art and heritage disputes which have arisen in the past decades. The return of cultural artifacts to their legitimate owners, the recovery of underwater cultural heritage, the governance of sites of outstanding and universal value, the protection and promotion of artistic expressions, and the protection of cultural sites in time of war are just some of the issues which have given rise to art and heritage related disputes. Such disputes have involved a number of different actors arising among states, states and private individuals and individuals. As the regulation of cultural goods constitutes a good example of multilevel governance and legal pluralism, art and heritage related disputes have been brought before national fora, human rights courts and tribunals, international economic law fora and even before the International Court of Justice. Such disputes have certainly made headlines and attracted the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers, thieves and guards, and artists and economists to mention a few. The conference will map these disputes and assess the contribution that these cases are offering to the development of international law in both its public and private dimensions.
The conference is co-organized by Professor Hildegard Schneider and Dr. Valentina Vadi.
Professor Dr. Hildegard Schneider is the Dean of the Faculty of Law at Maastricht University. She has lectured in art law for more than twenty years and has regularly convened international workshops and conferences on cultural law on an almost yearly basis. She has published a number of contributions in this field, and has co-edited (with Peter Van den Bossche) Protection of Cultural Diversity from a European and International Law Perspective (Intersentia 2008), and (with Valentina Vadi) Art, Cultural Heritage and the Market (Springer, forthcoming 2013).
Dr. Valentina Vadi is a Marie Curie postdoctoral Fellow of the Faculty of Law at Maastricht University. She has been awarded a Marie Curie Fellowship by the European Commission for the years 2011-2013 concerning cultural heritage in international law. She has published a number of contributions in this field and has co-edited (with Hildegard Schneider) Art, Cultural Heritage and the Market (Springer, forthcoming 2013). She is the author of The Cultural Wealth of Nations in International Investment Law and Arbitration (Cambridge University Press, forthcoming 2013)
The conference will be held on 24-25 March in Maastricht, the Netherlands. The conference papers will be published in the special issue Art and Heritage Disputes (co-edited by Valentina Vadi and Hildegard Schneider) of Transnational Dispute Management in the last quarter of 2013.
For registration and logistic information, please check the conference website: http://www.maastrichtuniversity.nl/web/Faculties/FL/Theme/ResearchPortal/Conferences/ArtAndHeritageDisputes1.htm
For further logistic information, please contact Mrs. Yleen Simonis at yleen.simonis@maastrichtuniversity.nl
SUNDAY 24 MARCH
SESSION I: INTANGIBLE HERITAGE
Chair: Hildegard Schneider (Maastricht University)
17:00-17:15 Introduction – Hildegard Schneider (Maastricht University)
17:15-17:30 James A.R. Nafziger (Willamette University) and Anastasia Telesetsky (University of Idaho)
The Intangible Heritage of Border-Related Treaties
17:30-17:45 Valentina Vadi (Maastricht University)
Language, Music, and Popular Culture in International Investment Law
17:45-18:00 Cheng Mao (University of Hong Kong)
Ethnic Dress, Global Fashion and the Law under the Veil
18:00-18:15 Paolo Farah (Edge Hill University) and Riccardo Tremolada (Edge Hill University and University of Eastern Piedmont) Desirability of Commodification of Intangible Cultural Heritage: The Unsatisfying Role of IPRs
18:15-18:45 Discussion
SESSION II: INTANGIBLE AND INDIGENOUS HERITAGE
Chair: Hildegard Schneider (Maastricht University)
18:45-19:00 Vittorio Mainetti (Graduate Institute, Geneva)
The New Frontiers of Cultural Heritage Law: the Safeguarding of Intangible Cultural Heritage and the Promotion and Protection of Cultural Diversity
19:00-19:15 Shea Esterling (Aberystwyth University)
Selling the Sacred: The Market in Indigenous Art and Artifacts
19:15-19:30 Kristin Hausler (British Institute of International and
Comparative Law)
The International Legal Framework Applicable to Foreign Claims to Indigenous Cultural Objects
19:30-20:00 Discussion
20:00 Speakers Dinner
MONDAY 25 MARCH
SESSION III: TANGIBLE HERITAGE
Chair: Fabian Raimondo (Maastricht University)
09:00-09:15 Michail Risvas (University of Oxford)
The Protection of Underwater Cultural Heritage: Multilateral v. Bilateral Approaches
09:15-09:30 Yannick Radi (Leiden University)
Identifying Culture and Shaping Expectations in International Investment Law
09:30-09:45 Anne-Marie Carstens (University of Oxford)
The Protection of World Heritage Sites during Armed Conflict
09:45-10:00 Sebastián A. Green Martínez (University of Buenos Aires) Dispute Settlement Mechanisms: Standing before the International Court of Justice
10:00-10:30 Discussion
10:30-11:00 Coffee break
SESSION IV: DISPUTE SETTLEMENT MECHANISMS
11:00-11:15 Eleni Polymenopoulou (Brunel University)
Cultural Rights in the Jurisprudence of the International Court of Justice
11:15-11:30 Alessandro Chechi (University of Geneva)
Cultural Heritage Protection through International Adjudication
11:30-11:45 Sarah Sargent (University of Buckingham)
Protecting the Horse Culture of Indigenous Peoples of the American Plains: Dispute Settlement Mechanisms of the Inter-American and United Nations
11:45-12:00 Anne Laure Bandle (University of Geneva)
Fakes, Fears, and Findings – Disputes over the Authenticity of Artworks
12:00-12:30 Discussion
12:30-13:30 Lunch
SESSION V: ART RESTITUTION
Chair: Valentina Vadi (Maastricht University)
13:30-13:45 Jan Hladík (Chief of the UNESCO Cultural Heritage
Protection Treaties Section)
The UNESCO Draft Declaration of Principles Relating to Cultural Objects Displaced in Connection with the Second World War
13:45-14:00 Nicholas O’Donnell (Sullivan & Worcester LLP-Boston)
American Wartime Art Restitution Litigation in the 1990s and Beyond- Has it All Been Worth It?
14:00-14:15 Andrzej Jakubowski (Polish Academy of Science, Warsaw)
Restitution or Re-purchase? Critical Remarks on Recent Polish Art-Recovery Practice
14:15-14:40 Discussion
14:45-15:00 Sabrina Urbinati (University of Milan Bicocca)
Improving the Principle of Cooperation against Illegal Movements of Cultural Objects: Two Cases of Archaeological Objects Restitution from Italy to Bulgaria
15:00-15:15 Maria Vicien-Milburn, (Director of the UNESCO Office of International Standards and Legal Affairs), Asoid Garcia- Marquez, (Lawyer at the UNESCO Office of International Standards and Legal Affairs), and Athina Papaefstratiou Fouchard, (Associate at the International Arbitration Group of Freshfields Bruckhaus Deringer LLP, Paris),
The Role of UNESCO in the Resolution of Disputes Regarding the Recovery of Stolen or Illicitly Exported Cultural Property
15:15-15:30 Bruno S. Frey (Warwick Business School, Zeppelin University, Center for Research in Economics, Management and the Arts, Switzerland and University of Zurich)
Alternatives to “Legitimate Ownership” of Heritage
15:30-16:00 Discussion
16:00-16:30 Coffee break
SESSION VI: ART & PROCEDURAL/PRIVATE LAW
Chair: Valentina Vadi (Maastricht University)
16:30-16:45 Craig Forrest (T.C. Beirne School of Law)
Art and Heritage on Loan: The Role of Immunity in Dispute Resolution
16:45-17:00 S. I. Strong (University of Missouri)
Rubin Redux: Rights Balancing in Cultural Heritage Litigation
17:00-17:15 Christa Roodt and David Carey Miller (University of
Aberdeen)
Stolen Cultural Property: The Implications of Vitium Reale in Private Law and Private International Law
17:15-17:30 Christian Armbruester (Free University Berlin)
Private Law as an Instrument for the Protection of Cultural Property
17:30-18:00 Discussion and Conclusion
18:00 Drinks
For the leaflet click on : Art and Heritage Disputes_Programme 14 01 13
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