Showing results 1 - 12 of 87 for the tag: Legal action.

March 15, 2015

Geneva Summer Schools – International Cultural Heritage Law

Posted at 9:33 pm in Events, Similar cases

The Université de Genève is organising a summer school on International Cultural Heritage Law, from June 22nd – July 3rd.

Check the Geneva Summer Schools website for full details of the course programme.

From:
Geneva Summer Schools

International Cultural Heritage Law

June 22 – July 3, 2015

COURSE DESCRIPTION

The summer school aims to develop the students’ awareness and general understanding of the main substantive themes of international cultural heritage law, namely:

  • the trade in cultural objects;
  • the restitution of stolen or looted artworks;
  • the protection of cultural property in the event of armed conflict;
  • the protection of the built heritage from natural and human-induced disasters;
  • the safeguarding of the intangible cultural heritage and of the diversity of cultural expressions;
  • the relationship between cultural heritage law and the World Intellectual Property Organization (WIPO);
  • the settlement of cultural heritage disputes.

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March 8, 2015

UK reluctant to enter Parthenon Marbles mediation process

Posted at 12:08 pm in British Museum, Elgin Marbles, Marbles Reunited

In September 2013, a request was made by Greece to Britain, to enter a mediation process to resolve the Parthenon Sculptures reunification issue. The process would take place via the snappily named Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation, a sub-committee of UNESCO.

The request for mediation marked a new step for Greece, and a clear realisation that small scale informal negotiations to resolve the issue were making little progress.

Since the request was issued, any appeals for updates have indicated that the British Government is still considering their response.

Last year, it was requested that a response would be made by 31st March 2015. However, government sources say that they are unable to make any significant announcement this side of the May election. We must bear in mind at this stage, that all current predictions are that there will be no clear majority in the May 2015 general election, so if not a change of government, at the very minimum, we can expect a significant restructuring of the coalition.

The British Government is clean to prevaricate over what is likely (according to all past policy indications) to be a negative response, but the reality is that any negative response might well be met by a stronger riposte from Greece.

For a number of years now, talks have taken place in secret in Greece regarding the possibility of some form of legal action over the Parthenon Marbles. These talks became more public when it became known that Amal Clooney was involved. As a side note, she was in fact involved all along – I have had sight of confidential papers that her name is ascribed to, from early 2011. Previously though, the lawyers were able to operate beneath the radar though, whereas Amal’s new found fame means that this is no longer such a simple proposition.

The likelihood of litigation is increased by the recent news that even if there Greek Government does not have the money to invest in this sort of venture, there are others who are happy to do so on their behalf.

What this leads on to, is that it is clear that Greece is considering other options. If their mediation request is rebuffed, they are not going to just drop the issue, but have fall back options, that could be a lot less palatable than mediation.

It is unclear, whether after an initial rejection of the mediation request, the offer to enter into the process would still be open to Britain.

Meanwhile, the British Museum, while unwilling to invest efforts in actual negotiations seems to have been taking measures to try & prop up their own back story behind why retention of the sculptures is a good idea. The first step was the rather controversial and secretive loan of one of the sculptures to the Hermitage in St Petersburg, which was announced to much fanfare in The Times. The second step is the commissioning of a rather narrowly focussed poll, aimed at giving the impression that those in the industry were entirely favourable of return (well they would say that wouldn’t they).

These moves are indicative that the British Museum is no longer sitting quite as comfortably as it once was. It is trying to make its position more secure, yet the loan to the Hermitage seems to have done exactly the opposite, with many former retentionists being strongly critical of the Museum’s actions.

It is clear that we are entering a new chapter in Greece’s quest for the return of the sculptures – one that has move on from informal applications to something much more structured. The stakes may be higher for both sides, but the aggressive responses from the British Museum indicate that the Greek approach seems to be having some sort of success. My hope is that the new SYRIZA led coalition is willing to keep up the pressure, rather than making a complete change of policy.

Parthenon Marbles in British Museum

Parthenon Marbles in British Museum

From:
Independent

Elgin Marbles row: Greece tells British Government to stop stonewalling on return of Parthenon sculptures
Ian Johnston
Saturday 07 March 2015

The Government is refusing to negotiate with Greece about the return of the so-called Elgin Marbles despite a request to do so from the United Nations, a decision that could prompt Athens to begin legal action for the first time.

British campaigners likened the UK’s stance to “clinging on to stolen booty for dear life” and contrasted it with the “generous act” of returning the sculptures to help a friendly country on the brink of economic collapse. Youth unemployment has hit 50 per cent and suicide rates have soared amid a crisis so severe the Financial Times has warned Greece could turn into a “quasi slave economy”.
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March 3, 2015

Parthenon Marbles legal fees may be paid by wealthy individual

Posted at 11:16 pm in British Museum, Elgin Marbles

Reports from a former official at the Greek Ministry of Culture indicate that a wealthy Greek shipping magnate may be providing funds to cover legal fees relating to the Parthenon Marbles. At present (according to this report), the group of lawyers (Geoffrey Robertson, Norman Palmer and Amal Clooney) who visited Athens last year to appraise the Greek government on the legal options available to them, have been appointed to produce a more in-depth report into the case. This report is due to be delivered to the Greek Government on 30th March 2015.

The news that this stage of the initiative is to be privately funded is interesting, as it was something that I had previously raised as a possibility, when people queried the issue of whether it would be affordable to the Greek Government.

Part of the Parthenon frieze in the British Museum

Part of the Parthenon frieze in the British Museum

From:
Washington Post

Shipping magnate foots the bill for Amal Clooney to represent Greece
By Daniela Deane
March 3 at 4:29 AM

LONDON — Greece is broke, correct? That’s why it needed bailing out by the rest of Europe.

But then, the cash-strapped Greek government hires the high-profile and expensive London law firm that employs Amal Clooney, American actor George Clooney’s glamorous new bride, to represent it in its never-ending quest to get the Elgin Marbles back from the British Museum. With no public tender.

What’s missing from this picture? A Greek shipping magnate, of course.

A former official in Greece’s culture ministry said Monday that an unnamed Greek shipping tycoon who operates in both Athens and London wanted to make a “grand gesture of patriotism” by paying the London-based lawyers’ legal fees, according to the London Times newspaper. The official said the fees had been deemed “too extravagant” by the Greek government, which is in the midst of a financial crisis, the paper reported Tuesday.
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February 24, 2015

Germany sued in US courts over Nazi looted Guelph treasure

Posted at 2:02 pm in Similar cases

Once again, the courts of the District of Columbia seems to be one of the destinations of choice for litigation involving Nazi loot.

In this instance, the items in question are the Guelph Treasures, which two claimants were sold under duress by their ancestors in 1935 to the state of Prussia, then overseen by high-ranking Nazi Hermann Göring. The treasures are currently displayed in Berlin’s Bode Museum.

Part of the Guelph treasure currently on display in Berlin

Part of the Guelph treasure currently on display in Berlin

From:
Wall Street Journal

Germany Is Sued in U.S. Court Over Medieval Treasure Acquired by Nazis
By Mary M. Lane
Updated Feb. 24, 2015 12:13 a.m. ET

BERLIN—A year after Germany pledged to bolster its efforts to return art stolen by the Nazis, Jewish claimants to medieval relics valued at millions of dollars say the government isn’t living up to its promise.

Two claimants to a collection of medieval Christian treasure filed a suit in the U.S. District Court in Washington on Monday against the German government and the government-controlled museum that owns the artifacts. They allege their ancestors sold the collection, known as the Guelph treasure, under duress in 1935 to the state of Prussia, then overseen by high-ranking Nazi Hermann Göring.
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February 1, 2015

Why recent articles about Amal & the Marbles are misleading

Posted at 8:56 pm in British Museum, Elgin Marbles

A number of the papers this weekend carried a similar story relating to the recent change of government in Greece.

The basis of the story is relatively factual – that the country is reviewing existing contracts that the government holds and is looking to save money where possible. From that point onwards though, the story is a complete fabrication, unless somebody else can point me to evidence to the contrary.

The story relates to the visit late last year to Greece of a team of Laywers, which included Amal Clooney. The way the story is portrayed is that whatever was agreed in Athens is now to be ripped up – and that her law firm is no longer likely to be a part of any initiative.

The reality (to the best of my knowledge) is something more like this.

1. Amal travelled to Athens with Geoffrey Robertson and Professor Norman Palmer and was very much the junior one of the three there. To describe it as Amal’s law firm is laughable. However the papers have a love of celebrity stories, so I doubt I can stop them from framing the story in this way. In some ways, I don’t have such an issue with it, if it gets readers who might otherwise have been uninterested to find out more about the Parthenon Marbles – although they won;t learn a great deal from this particular article.

2. The team of lawyers were in Athens to advise the government about the legal options available to them with regard to securing the return of the Marbles. To the best of my knowledge, they were not signed up to anything and if they received any money, it was likely to be merely their out of pocket expenses for travel, accommodation etc while they were there. To suggest that a government would sign any sort of contract on a first meeting over a subject as complex as the Parthenon Sculptures reunification is ridiculously naive. In the previous coalition, various ministers were trained lawyers and would have wanted to give the matter full consideration & have it assessed by their own in-house legal advisors and others before signing on the dotted line.

3. Much is made of the cost, but as highlighted above, as yet, there is no clear cost associated with this, as nothing has been agreed. Furthermore, the sort of cost talked about for a legal case, while a massive amount to the average man in the street, is tiny for governments that are regularly moving about far larger amounts on a daily basis. That is not to say that it is not an issue – but if there was a motivation to proceed, then the cost impact would be unlikely to be the major consideration. Indeed, if it was a major issue for the government and they were willing to swallow their pride, I am aware of various wealthy Greek foundations and individuals around the world, which would be happy to assist in funding such an initiative.

All in all, its a bit of a non-story. The new government is renewing contracts, the new culture minister is asked about the marbles & says he’s reviewing the strategy (as any new government would). That is all that has happened.

Personally, I hope that the government continues along the lines of the previous coalition with regard to the Marbles. I know that in Greek politics, there is often a tendency to rip up everything that the previous government did and head in the opposite direction, but I personally believe that great steps forward were made in the last few years – far more than was managed by any previous governments. Not only was an advisory team specifically focused on the Marbles set up, but on their advice, an invitation to mediation via UNESCO was issued and more recently, discussions have been made about other possible legal approaches. Finally the country has moved from talking about the issue to acting on it, and it would be a great shame to lose this momentum. For a relatively small outlay (for a nation, even an impoverished one), something great could eventually be achieved – something that could give the average Greek citizen a sense of achievement and success, a reason to be proud in their country once more.

David Hill, Amal Clooney & Geoffrey Robertson in Athens

David Hill, Amal Clooney & Geoffrey Robertson in Athens

From:
Daily Mail

Curtains for the new Mrs Clooney? Amal’s law firm could be ditched as advisor on Elgin Marbles as Greece’s new left-wing government reviews contracts
By Flora Drury For Mailonline
Published: 12:10, 31 January 2015 | Updated: 13:37, 31 January 2015

Amal Clooney could find herself with one less high profile case to fight after Greece’s new culture minister revealed they were reconsidering how to win back the Elgin Marbles.

Aristides Baltas revealed they were looking at the ‘strategy’ behind his country’s attempts to get the 5th century BC statues returned – and were willing to ‘tweak’ it if necessary.
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December 6, 2014

Does cultural diplomacy deter human rights violations?

Posted at 1:41 pm in British Museum, Elgin Marbles, Similar cases

Neil MacGregor would love it is the world believed that his latest initiative with the loan of a Parthenon Sculpture to the Hermitage was all about “cultural diplomacy”. This is not the first time he has tried taking this line – one previous example was with the loan of the Cyrus Cylinder to Iran. Now, like Geoffrey Robertson, I would be very interested to know if there was any improvement in Iran’s human rights record (or for that matter it relations with the UK) as a result of this, but I know that the answer would have to be an unequivocal no!

Geoffrey Robertson QC, Currently providing legal advice to Greece over the Parthenon Marbles issue

Geoffrey Robertson QC, Currently providing legal advice to Greece over the Parthenon Marbles issue

From:
Independent

Geoffrey Robertson
Friday 5 December 2014
The British Museum has just lost the Elgin Marbles argument
This loan is welcome — in that it gives the game away

The British Museum has moved the river god Illisos from his plinth in the Duveen Gallery to St. Petersburg for a celebration of Russian art collection at the Hermitage.

This raises two issues: first, why give a propaganda windfall to President Putin at a time when his breaches of international law can only be deterred by sanctions that are beginning to bite? Second, if a part of the Marbles can now been seen for the next two months by visiting St. Petersburg, why should all surviving pieces of the greatest art in world history not be seen, reunited at the Acropolis Museum under a blue attic sky and in the shadow of the Parthenon?

The museum claims that “cultural diplomacy” can somehow discourage human rights violators. This is nonsense – it tends to embolden them. In 2010 the museum lent the Cyrus Cylinder to Iran, only to have it welcomed by a pageant staged by President Ahmadinejad, in which Cyrus wore the insignia of the Basij militia, which the previous year had brutally beaten and killed hundreds of “Green Movement” demonstrators.
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December 3, 2014

A legal approach to the return of the Parthenon Marbles

Posted at 3:21 pm in British Museum, Elgin Marbles

When there was all the publicity surrounding the visit of lawyers to Athens a few weeks back, a journalist from To Vima, the Greek newspaper, contacted me (along with numerous others) with some questions.

The published article in Greek contained a few of the answers I gave, but I think it is worth posting the whole lot in full here.

Bear in mind, that I am not a lawyer – however, I have been present at meetings between lawyers & senior Greek officials in 2011, and party to various other high level discussions on the issue.

What I have written below should not be seen in any ways as a comprehensive discussion of the possible legal approaches, along with their benefits & risks, but merely brief answers based on the specific questions that I was asked.

Do you think it would be a “catastrophic” course of action? If yes, why? In any case, which court would, or should, make such a judgment?

At present, we must remember that all that is happening is that the Greek government is exploring the various options available to them. This is not the first time that such an approach has been considered – previous discussions between the Greek Government, and a team jointly led by Geoffrey Robertson and Norman Palmer took place in early 2011.

I think that anyone (from either side) who states that it would be a “catastrophic course of action”, is either scaremongering, or not fully aware of the range of possible approaches available and the variety of ways in which they might be applied.

One thing to be clear about, is that to achieve the goal of the return of the return of the Marbles, legal action does not necessarily have to succeed, but could merely be a catalyst for precipitating a chain of events leading to their return.
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November 16, 2014

The Protect and Preserve International Cultural Property Act

Posted at 10:08 pm in Similar cases

A new bill in the House of Representatives in the USA aims to limit ISIS funding, by prohibiting the import of Syrian antiquities.

Various studies have indicated that the trade in looted artefacts has played a key role in ISIS’s funding in recent months.

If the bill is passed, its remit is wider than the current ISIS situation in Syria & Northern Iraq, allowing it to apply to other areas of instability around the world, where looting is taking place.

The ruins of Apamea in Syria in 2004, before the current conflict

The ruins of Apamea in Syria in 2004, before the current conflict

From:
US Committee of the Blue Shield

Breaking news: bill in House to protect cultural property
The Protect and Preserve International Cultural Property Act

Legislation to protect cultural property worldwide and curb ISIL funding by prohibiting import of Syrian antiquities was introduced into the House by Representatives Eliot L. Engel (D-NY) and Chris Smith (R-NJ).

For Immediate Release

November 14, 2014

Contacts:
Tim Mulvey (Engel) 202-226-9103
Jeff Sagnip (Smith) 202-225-3765
Engel, Smith offer bill to preserve cultural preservation preservation, curb ISIL funding

WASHINGTON, DC—Representative Eliot L. Engel (D-NY), the leading Democrat on the House Committee on Foreign Affairs, and Representative Chris Smith (R-NJ), chair of the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations today announced that they have introduced legislation to improve American efforts to preserve cultural property around the world and cut off one source of funding to ISIL. The Protect and Preserve International Cultural Property Act (H.R. 5703) would take steps to coordinate efforts across government to preserve cultural artifacts where they may be threatened by conflict, instability, or natural disaster.
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November 15, 2014

Zahi Hawass faces allegations he facilitated antiquities thefts

Posted at 9:55 pm in Similar cases

For many years, Zahi Hawass took delight in being the official (and often controversial) representative of Egypt’s antiquities.

Since the fall of Mubarak though, many allegations have made about events that took place while he was in charge of the country’s antiquities.

former Egyptian Antiquities Minister Zahi Hawass

former Egyptian Antiquities Minister Zahi Hawass

From:
Guardian

Former Egyptian antiquities minister faces questions over theft from pyramid
Zahi Hawass denies claim that he helped German hobbyists steal samples from Great Pyramid at Giza
Patrick Kingsley in Cairo
The Guardian, Wednesday 12 November 2014 14.04 GMT

The world’s most famous contemporary Egyptologist, Zahi Hawass, has been summoned for questioning over claims that he helped three German hobbyists steal rock samples from inside Egypt’s largest pyramid. Hawass denies the charges, saying “there is nothing against me”.

In April 2013, the three Germans – two amateur archaeologists and a film-making accomplice – crept inside the inner sanctum of the Great Pyramid at Giza, the last the seven wonders of the ancient world to remain relatively intact.
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November 4, 2014

Challenging the inalienability of artefacts in French museums

Posted at 10:11 pm in Similar cases

In recent years, France’s museums have been heavily hit with legal challenges – where the original owners have tried to reclaim what they believe is still rightfully theirs.

While the British Museum falls back on the anti-deaccessioning clauses in the British Museum Act as their first line of defence against such claim, France has their own version of this dating back to 1566, when the edict of Moulins proclaimed that the royal domain was inalienable and imprescriptible. Although its origins might be very different, for a long time, the net result was the same – once an item became the property of a French Museum, it was unlikely that its ownership would ever be transferred again to anywhere else.

Gradually though, this notion is being eroded – both by moral obligations & legal challenges. France is finally starting to re-think its past, in the context of today – surely it is time that the British Museum followed this lead.

Baba Merzoug, a 16th-century cannon from Algiers that was taken to Brest in 1834

Baba Merzoug, a 16th-century cannon from Algiers that was taken to Brest in 1834

From:
Guardian

French museums face a cultural change over restitution of colonial objects
Curators confront demands to return artefacts from collections reflecting an evolving attitude to the appropriation of items
Laurent Carpentier
Monday 3 November 2014 10.08 GMT

Ever since explorers, scientists and soldiers started travelling the world and bringing back treasures, France has upheld the principle of the “inalienability” of public heritage. The works that are now in French museums and collections will, supposedly, remain a part of national heritage for ever. This principle was established in 1566, when the edict of Moulins proclaimed that the royal domain was inalienable and imprescriptible. In simpler terms: the sovereign could not give away the assets he or she inherited. Two centuries later, the French revolution based its definition of the public domain on the same principle. It was the only point of reference for explorers sailing round the world in search of possessions and learning.

But in the past few years, changes in the international balance of political and economic power have upset this way of thinking. Demands for restitution have targeted anything from works of art to human remains and archaeological finds. Particularly odd examples include a fossil Mosasaurus (Meuse lizard), which was unearthed at Maastricht in the 18th century and brought back to France by the army, and Baba Merzoug, a 12-tonne cannon that defended the port of Algiers for 200 years, then was shipped to Brest in 1834 where it has braved the drizzle ever since.
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Amal Clooney née Alamuddin & the Parthenon Marbles

Posted at 9:54 pm in British Museum, Elgin Marbles

In the coverage of the visit to Greece by a team of Lawyers, much has been made of the presence of one particular individual on the team. This person is of course Amal Clooney, previously known as Amal Alamudddin. While the amount of additional publicity she created for the issue is amazing, the interpretation of her presence and the level of the questions asked by many of the newspapers is somewhat lacking.

Some stories claim that she is there to rescue the Marbles for Greece (with the implication that it would be done singlehandedly). Other stories take the opposite line & claim that she is only there because of her celebrity status. This claim is a blatant untruth based on nothing more than spurious conjecture, as she was in fact involved with research into this case since well before she became associated with George Clooney.

Still other papers criticise her (& often her husband too) for having opinions – as though when one becomes famous their opinions cease to have any basis. Unsurprisingly to many, these are the same papers that spend the rest of their time focusing on celebrities, speculating on their every move & reflecting on their choice of outfit every time they leave the house.

Amal Alamuddin & Geoffrey Robertson

Amal Alamuddin & Geoffrey Robertson

From:
Independent

Amal Alamuddin calls for the return of the Elgin Marbles from Britain: ‘Injustice has persisted for too long’
The human rights barrister said Greece has ‘just cause’ to wish for the repatriation of the artifacts
Wednesday 15 October 2014

Amal Alamuddin – who recently changed her name to Amal Clooney following her marriage – today spoke of the “injustice” that the Elgin Marbles have not yet been returned from Britain to Greece.

The human rights barrister has been enlisted to advise the Greek government on the issue.
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October 26, 2014

Greece considers Parthenon Marbles strategy

Posted at 10:57 pm in British Museum, Elgin Marbles

More coverage of the recent visit to Athens by a team of three lawyers from the UK to discuss options for the reunification of the Parthenon Marbles.

Amal Clooney nee Alamudin is shown around the New Acropolis Museum by Professor Pandermalis

Amal Clooney nee Alamudin is shown around the New Acropolis Museum by Professor Pandermalis

From:
Greek Reporter

Alamuddin-Clooney Concludes Greece Visit on Positive Note
by Philip Chrysopoulos – Oct 16, 2014

This afternoon, Amal Alamuddin-Clooney leaves Greece following a three-day visit to Athens in which she counseled the Greek government on the proper legal route for reclaiming the Parthenon Marbles from the British Museum.

The 36-year-old lawyer – along with cultural heritage lawyers Norman Palmer and Geoffrey Robertson, as well as David Hill, chairman of the International Association for the Reunification of the Parthenon Marbles – met with Prime Minister Antonis Samaras and Minister of Culture Kostas Tasoulas to discuss the repatriation of the Marbles, an issue of long-standing discord between the Greek and British governments. According to witnesses, discussions between the legal team and the Greek government ended on an optimistic note.
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