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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Thinking About the Elgin Marbles: Critical Essays on Cultural Property, Art and Law 2nd ed isbn 9789041128751

Thinking About the Elgin Marbles: Critical Essays on Cultural Property, Art and Law

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ISBN13: 9789041197771
ISBN: 904119777X
New Edition ISBN: 9789041128751
Published: May 2000
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print



This book begins with a critical re-examination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that still dominate the growing international debate about cultural property policy and are explored in subsequent essays: Why do people care about cultural property? Is cultural nationalism a sound organizing principle for dealing with cultural property questions? Or is it a relic of 19th-century romanticism, kept alive by the power of Byron's poetry?

How can cultural nationalism be rationalized with the idea that works of art and antiquities are "the cultural heritage of all mankind?" What alternative ways are there of thinking about cultural property policy and law? How may the contending interests of source nations, market nations, archaeologists and ethnologists, museums, collectors and the art and antiquities trade be evaluated and accommodated? Is there space for a licit international trade in works of art and other cultural objects?

The author examines in particular the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. In the second part of the book the author addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information.

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Subjects:
Art and Cultural Heritage Law
Contents:
Preface ;
Introduction ;
Part I Cultural Property Law
1. Thinking About the Elgin Marbles
2. Two Ways of Thinking About Cultural Property
3. The Public Interest in Cultural Property;
4. The Retention of Cultural Property ;
5. The Nation and the Object ;
6. A Licit International Trade in Cultural Objects
7. Draft Principles to Govern a Licit International Traffic in Cultural Property;
Critical Comments on the Draft Principles to Govern a Licit International Traffic in Cultural Property by Edward Dwyer
An Archaeologist's Response to the Draft Principles to Govern a Licit International Traffic in Cultural Property by Karen D. Vitelli
Thoughts in Response to the Draft Principles to Govern a Licit International Traffic in Cultural Property by Katherine Walker Tubb
Full Disclosure by Museums to Improve the Licit International Traffic in Art by Albert E. Elsen
Art Market Challenges for American Museums by Maxwell L. Anderson
Critical Comments on the Draft Principles to Govern a Licit International Traffic in Cultural Property by Ranee A. Katzenstein
Critical Comments on the Draft Principles for a Licit Trade in Cultural Property by Constance Lowenthal
What Value in Surplus Cultural Property? by Thomas K. Seligman
The Failure of the Nationalization of Cultural Patrimonies by Arielle Kozloff Brodkey
8. The UNIDROIT Convention: Three Significant Departures from the Urtext
9. Archaeologists Are Not Helping
10. Cultural Property Ethics
11. The Free International Movement of Cultural Property;
Part II Art Law
12. The Refrigerator of Bernard Buffet
13. The Moral Right of Maurice Utrillo
14. The Wrath of Robert Rauschenberg
15. Counterfeit Art
16. The Straw Man in the Rothko Case;
- Letters
17. Are Museum Trustees and the Law out of Step
- Letters
Appendix
Index