TDM Call for Papers "Art and Heritage Disputes"
31 October 2012
Note October 2013: The TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law has been published.
See also: Art and Heritage Disputes Conference, 24-25 March 2013, Maastricht University, The Netherlands.
This Special Issue 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.
It is now time to take these unchartered developments into acoount, and to assess the contribution that these cases are offering to the development of international law in both its public and private dimensions. Are there common threads or features that characterize such disputes?
The proposed special issue will be co-edited 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 and European law. She has published a number of contributions on international cultural law and has co-edited (with Hildegard Schneider) Art, Cultural Heritage and the Market (Springer, forthcoming 2013).
Possible themes for consideration in this special issue include:
1) Cultural rights
- cultural rights litigation;
2) Tangible cultural heritage
- the protection of built heritage v. economic activities;
- disputes concerning world heritage;
- protection of cultural sites in times of war;
- protection of cultural heritage from vandalism;
- protection of cultural heritage after natural disasters;
- investment treaties and exclusions for natural cultural measures;
3) Intangible cultural heritage
- intellectual property and intangible cultural heritage;
- the use and misuse of traditional knowledge;
- indigenous heritage;
- cultural landscapes;
4) Underwater cultural heritage
- the recovery of underwater cultural heritage;
5) Art law
- art law disputes;
- alternative dispute settlements in the art and heritage sector;
- artist rights;
- droit de suite;
- restitution of looted goods;
- colonial heritage;
- museums and the return of cultural objects;
6) Dispute settlement mechanisms
- heritage related disputes before the International Court of Justice;
- heritage related disputes before the European Court of Human Rights;
- heritage related disputes before the African Commission on Human Rights;
- heritage related disputes before the Inter-American court of Human rights;
- heritage related inter-state arbitrations;
- heritage related mixed arbitrations;
- heritage related disputes before national courts;
- international cooperation in the cultural sector;
- cultural diplomacy.
Selected authors will also be invited to present their research at the conference / workshop on Art and Heritage Law to be held on 24-27 March 2013 at Maastricht University, the Netherlands.
Update January 2013: The selection of the papers took place in early December 2012 and publication is expected in the last quarter of 2013. The editors will not consider further paper proposals for this special issue at this stage.
Professor Hildegard Schneider
Dr. Valentina Vadi
Please address all questions and paper proposals to the editors, see here for contact info.
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