Showing results 13 - 24 of 109 for the tag: Legal action.

December 10, 2015

Has Greece dropped Parthenon Marbles legal action plans?

Posted at 2:12 pm in British Museum, Elgin Marbles

Greek Politics is always intriguing to an outsider. I am whether there is any substance to this decision to strike legal action off the list of possible options for the return of the Parthenon Marbles, or whether there is a sensible basis behind it.

No doubt, in due course, more will be revealed, but I feel that it is a great shame to write off methods of retrieving the sculptures, that have yet to be fully explored, while planning to repeat other methods that have been tried before and failed.

This is not the first time that such a statement has been made & then retracted.

We are now 3 culture ministers removed from the one who originally commissioned the report – yet still no closer to developing a coherent strategy for dealing with the issue.

David Hill, Amal Clooney & Geoffrey Robertson in Athens

David Hill, Amal Clooney & Geoffrey Robertson in Athens

From:
Kathimerini (English Edition)

NEWS 08.12.2015 : 21:12
Greek gov’t changes course on Parthenon Marbles

Greece is no longer mulling court action to win back the Parthenon Marbles from the British Museum in London, Culture Minister Aristides Baltas said Tuesday, adding that the government would kick-start a diplomatic campaign to repatriate the 5th century BC statues.

Questioned by MPs during a session of Parliament’s education committee, Baltas said that the government was unwilling to put forward a legal claim “most importantly because we risk losing the case.”
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August 13, 2015

UK lawyers deliver Parthenon Marbles legal opinion to Greece

Posted at 1:06 pm in British Museum, Elgin Marbles

Despite assertions made in many new sources in May, it was generally left unreported, that the legal team from Doughty Street Chambers (Geoffrey Robertson and Amal Clooney) along with Norman Palmer had in fact not delivered their final report to Greece.

This document has now been completed and delivered to Greece. Hopefully it will be given full consideration by the government, possibly leading to a new policy announcement later in the year. I look forward to hearing more in due course about the detail of what has been proposed and any recommendations made.

Amal Alamuddin & Geoffrey Robertson

Amal Alamuddin & Geoffrey Robertson

From:
Doughty Street Chambers

Legal opinion on status of Parthenon Marbles delivered to Greece
04.08.15 | Amal Clooney, Geoffrey Robertson QC

Yesterday, The Greek Ministry of Culture confirmed that it received the legal opinion of Geoffrey Robertson QC, Norman Palmer QC and Amal Clooney regarding the Parthenon Sculptures in the possession of the British Museum.

It should be noted that between 13-15 May various news outlets including the Daily Mail the New York Times, the Telegraph, the Washington Post, the BBC, and the Daily Beast published stories falsely asserting that Mrs Clooney and her colleagues had delivered a 150-page joint legal report earlier that week advising the Greek Government to take legal action and that this advice was expressly rejected by the Greek government. Certain articles even purported to quote the legal advice from the alleged 150-page report.
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May 20, 2015

Parthenon Marbles litigation still under consideration by Greece

Posted at 7:36 am in British Museum, Elgin Marbles

Text of the original press statement by Greek Culture Minister Nikos Xydakis, clarifying the earlier comments about potentially taking legal action over the Parthenon Marbles.

As I already said, it is a great shame that more has not been made of this clarification, or that a more detailed statement was not made sooner. Many newspapers in the UK have already been spinning the original story as the campaigning for the Parthenon Marbles being over – that Britain was acknowledging Britain’s legitimate ownership of the sculptures. This was never the case – not in the original statement and definitely not in this one. This is not an issue that will go away, much as certain elements within Britain might wish that to be the case.

I have given the text as an automatically translated version, with the original Greek below.

Greek culture minister Nikos Xydakis

Greek culture minister Nikos Xydakis

From:
Greek Ministry of Culture

05/14/2015
A journalist’s question about the Greek government’s strategy regarding the claim of the Parthenon Marbles, the if. Minister of Culture Mr. Nikos Xydakis made the following statement:

The legal advice is extremely useful and reinforce the arguments of Greece for the return of the Parthenon Marbles, but the Greek government has never stated its commitment in the near future to follow the court proceedings.

The judicial route is one of the many avenues open before us.
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May 19, 2015

Greece is not ruling out Parthenon Marbles legal action

Posted at 12:48 pm in British Museum, Elgin Marbles

Possibly, Greece did not realise how much the world’s press would seize on the relatively brief remarks made by culture Minister Nikos Xydakis regarding plans not to take legal action.

Whilst many newspapers have been busy printing stories some of which are mainly conjecture, based on a few lines from a speech, the Greek government were already backtracking, emphasising that they were not writing off the idea of legal action – but that it was just one of many avenues open to them that they were exploring.

So – we read from this, that Greece is not committed to opening legal proceedings in the immediate future, but the idea is still on the table for potential use at a later point in time.

One must go back though to the original statement a few days before – that Greece must “use it or loose it”. They might not have all the time in the world to wait before taking legal action.

I am disappointed to see that very few news sources outside Greece have chose to cover this retraction of the original story – continuing to go to town on the original news, despite the fact that it is no longer correct.

Greek culture minister Nikos Xydakis

Greek culture minister Nikos Xydakis

From:
Greek Reporter

Greek Culture Ministry: Legal Action is One of Many Options Available for Parthenon Marbles’ Repatriation
A. Makris
May 15, 2015

Seeking legal action is only one of the options available to Greece on the issue of the return of the Parthenon Marbles, Alternate Culture Minister Nikos Xydakis said on Thursday, following his statement on Wednesday that the government will not sue the British Museum on the issue.

Asked about Greece ’s strategy on the issue, the minister said: “Legal opinions are extremely useful and reinforce Greece ’s arguments for the return of the Parthenon Marbles, but the Greek government has never stated it is committed to initiating court proceedings in the near future.”
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May 18, 2015

The Daily Express and the Parthenon Marbles

Posted at 7:52 pm in British Museum, Elgin Marbles

I get the impression that of all the UK newspapers, the Daily Express is perhaps the one that is most incandescent with rage at the very thought that the Parthenon Marbles might one day return to Greece. Why this should be the case is unclear, because their articles are sometimes relatively factual, despite what the crazed headlines would suggest.

Here, we learn that Amal Clooney has a “lawyer nose” whatever that might be, and that she has been told to “butt out” (presumably in a different press release to the one covered by all the other newspapers, which did not use this language.

Perhaps Mr Desmond is feeling the pressure now that internal divisions within UKIP are jeopardising his latest stab at offering cash to political parties in the hop of getting a peerage. For the man who made his fortune from Asian Babes magazine, it is unclear why he has taken quite such a dislike to Amal.

George Clooney & Amal Alamuddin

George Clooney & Amal Alamuddin

From:
Daily Express

Amal Clooney sent packing after she sticks her lawyer nose into Elgin Marbles row
GEORGE Clooney’s barrister wife Amal has been told to butt out of a legal row between Greece and Britain over ancient Greek marble sculptures.
By Helen Barnett
PUBLISHED: 14:20, Thu, May 14, 2015

The international human rights lawyer had told the Greek government to take Britain to the International Criminal Court to reclaim the Elgin Marbles.

The sculptures date back to the 5th century BC and were acquired by Lord Elgin in Athens in the early 1800s when he was a British ambassador in Ottoman… and never returned.
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Greek minister argues against Parthenon Marbles legal action

Posted at 7:33 pm in British Museum, Elgin Marbles

Further coverage of the statement by Greek Culture Minister Nikos Xydakis not to take legal action over the return of the Parthenon Sculptures at the current time.

As I mentioned in the other batch of articles on the issue, there seems to be little new information in any of these stories over and above what was originally stated. The stories have instead become retellings of the narrative of the acquisition of the Marbles, adjusted according to the newspaper’s own leanings on the issue.

I have now been quoted in at least three of the articles, which is impressive, as I have only spoken to the writer of one of them.

David Hill, Amal Clooney & Geoffrey Robertson in Athens

David Hill, Amal Clooney & Geoffrey Robertson in Athens

From:
Artnet

Greece Says No to Amal Clooney’s Elgin Marbles Advice to Sue British Museum
Amah-Rose Abrams
Thursday, May 14, 2015

Amal Clooney is still working hard to win back the Elgin Marbles from the British Museum and return them to Greece, filing a 150-page document recommending the Greek government takes the British Museum to the International Court.

However, according to the Times, Greece has promptly snubbed Clooney’s efforts and decided not to follow her advice, despite Clooney and her colleague Geoffrey Robertson telling Greece that it was a case of “now or never” in the lengthy battle involving the ancient Greek artworks.
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Greece drops plans for litigating over Parthenon Marbles

Posted at 1:05 pm in British Museum, Elgin Marbles

Further coverage of the announcement by the Greek Ministry of Culture that they are not planning on taking legal action over the return of the Parthenon Marbles.

One thing that strikes me with all this coverage, is that the papers are essentially making full page stories from the short piece in Το Βημα – There is no more detail contained in any other stories other than speculation & interviews with others outside the process, on what their opinions on it are.

A metope from the Parthenon Sculptures, currently in the British Museum

A metope from the Parthenon Sculptures, currently in the British Museum

From:
To Bhma

Xydakis: “We will not claim the Parthenon marbles via the courts”
The Alternate Culture Minister explained that politics and diplomacy must be used instead
Wednesday, May 13, 2015

The Alternate Minister of Culture Nikos Xydakis announced that the Greek government will not be seeking the return of the Parthenon marbles via the courts, but rather via political and diplomacy.

Mr. Xydakis, who spoke to Mega Channel on Wednesday morning, noted that Amal Clooney, of the Doughty Street Chambers legal firm, will be providing legal advice on the matter.
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May 16, 2015

Greece drops plans for legal action over Parthenon Marbles

Posted at 9:08 pm in British Museum, Elgin Marbles

I was very surprised to hear this story, particularly with the timing of it coming only a day after much of the content of the press summary of the legal report was published.

My first issue is that the actual report has not yet been delivered to the Greek Government. It was commissioned by the previous ND / PASOK coalition government when Geoffrey Robertson, Norman Palmer and Amal Clooney visited Athens last year. Originally the report was due to be delivered in late April, but for various reasons has been delayed until the end of this month. We know from previous new stories about the way that this exercise has been funded, that the cost of researching and producing this report was not an insignificant amount.

So, apart from the lawyers working on the report, my understanding is that nobody has yet seen the actual final report – not the Greek Government, not the press and definitely not the plethora of armchair legal experts who are commenting on the press reports.

Even once the Greek Government has seen the report, something of this scale and importance would generally require extensive consideration and review, to understand the full impact of what was being proposed, to let the government’s own legal team assess its veracity etc. Once that had happened, further discussion would be required, to allow the government to weigh up the possible options available to them and decide how they wanted to proceed. None of this appears to have happened, and I don’t see how it could have, as nobody has yet seen the report. As such, it is hard to believe that the content of the report is what led to this decision.

The report on the legal options for the Parthenon Marbles, as I mentioned earlier was commissioned by the previous government, and the current government have not to my knowledge actually met with the lawyers who are working on it. Based on this information alone, any rejection seems to be more of a reaction to the fact that they are wanting to do different to those who came before them, rather than any other reason.

The Greek Government says that they want to use politics and diplomacy to resolve the issue. This is not a new approach however – if anything it is reverting to what has been tried in the past, as any consideration of other options by Greece has only happened in the last few years.

The diplomatic approach has been tried since the mid 1980s – and to an outside observer, any success has been very limited. The Parthenon Sculptures still do not appear any closer to returning than they were fifteen years ago. If anything, the British Museum has become more trenchant in their opposition during this time, first by dreaming up new arguments such as that of the Universal Museum and more recently loaning one of the pediment sculptures to Russia, while continuing to snub Greek loan requests.

The most recent initiative by Greece, mediation of the issue via UNESCO, which many had high hopes for, was rejected by both the British Government and the British Museum after an inordinately long period of consideration.

All the above actions took place during a period when the government in the UK (Labour – 1997-2010) although oficially rejecting return, had many members who were enthusiastic supporters of the restitution of the sculptures. During the government of the last five years (Conservative / Liberal Democrat coalition – 2010-2015), although the major partner in the coalition was less supportive of the issue, the Liberal Democrat leader who was also Deputy Prime Minister had previously expressed strong support for the reunification of the Parthenon Marbles in Athens.

This has now changed. The new Conservative government that entered won the General Election earlier this month, are entirely unreceptive to any hint of the the sculptures returning. Sure, there are a few enlightened individuals within the party – but they stand out like beacons of hope against the backdrop of so many others who are still in denial that the days of empire are over. Both the Prime Minister and the Secretary of State for Culture have, in the last few years, stated publicly their opposition to returning the sculptures.

One must also bear in mind one of the themes of the precis report presented to the press – the idea that action must be taken now, otherwise the opportunity might evaporate. Its now or never.

All the above points make me feel that any rejection of the report so rapidly suggests that full consideration has not really been given to the issue. As such, I hope that this turns out to be some sort of misunderstanding on the part of the Greek Government and that whatever they decide, they will first think through their options carefully – and review the actions already taken in the campaign since the mid 1980s. I will happily support them in any initiatives that they believe will get the sculptures back to Athens, but a coherent plan is needed. The British Museum’s loan to Russia could well be a sign that they were starting to feel the pressure and wanted to try and assert their own dominant position as clearly as possible – backing off now, just when they were starting to feel uncomfortable will achieve nothing.

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:
Guardian

Greece drops option of legal action in British Museum Parthenon marbles row
Helena Smith in Athens
Wednesday 13 May 2015 17.13 BST

Cultural minister makes revelation despite dossier from human rights lawyers exhorting the Greek government to pursue legal channels immediately

Greece has ruled out taking legal action in its battle to reclaim the Parthenon marbles from Britain. The unexpected move abruptly ends the legal battle in one of the world’s most bitter cultural disputes.
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May 13, 2015

Greece advised “use it or loose it” with Marbles legal action

Posted at 11:23 pm in British Museum, Elgin Marbles

More coverage of the advice received by Greece from the legal team (which despite what the Daily Mail would like you to believe, is not led by Amal Clooney – she is merely one of the three members) on the case for the return of the Parthenon Marbles.

David Hill, Amal Clooney & Geoffrey Robertson in Athens

David Hill, Amal Clooney & Geoffrey Robertson in Athens

From:
Daily Mail

Amal Clooney advises Greece to take British Museum to international court to win back Elgin Marbles, saying: ‘It’s now or never’
By Jenny Stanton For Mailonline
Published: 09:27, 13 May 2015 | Updated: 10:18, 13 May 2015

Amal Clooney has told Greece it’s ‘now or never’ to win back the Elgin Marbles and has advised it to take the British Museum to the International Court of Justice.

The human rights lawyer, whose London Doughty Street Chambers in London has been advising the Greek government on possible action, has filed a 150-page report outlining a strategy to ensure the return of the 5th century BC statues.
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Greece advised to take Parthenon Marbles case to ECHR

Posted at 10:55 pm in British Museum, Elgin Marbles

Last Autumn, the Greek Government met with a team of Lawyers from the UK, to discuss the legal options available to them in trying to resolve the dispute over the Parthenon Marbles.

The Lawyers were commissioned to produce a more detailed report, which it was later revealed was funded by a wealthy Greek individual rather than by the government.

Since the process started, the government which started it has been replaced by a new SYRIZA led coalition.

This report has now been delivered to Greece and some details of it have managed to leak to the Greek Press.

The proposals suggest various possible options, including the International Courts of Justice and the European Court of Human Rights. One key aspect of the proposals is the point that action should be taken now, otherwise the opportunity to take it may be lost for ever, through the doctrine of laches and acquiescence. Greece’s window of opportunity is limited, so if they are ever going to take this route, the time is now.

When the legal team first visited Athens, Greece was still awaiting a response from Britain regarding mediation through UNESCO. Since then, a negative response has been received by Greece and the nature of this response suggests that a change of policy is unlikely in the near future – meaning that litigation may now be the only option left for Greece.

Part of the Parthenon frieze in the British Museum

Part of the Parthenon frieze in the British Museum

From:
Independent

Elgin Marbles: Greece should take UK to court over sculptures, claim human rights lawyers
Ian Johnston
Tuesday 12 May 2015

Greece should take the UK to an international court to win back the so-called Elgin Marbles, according to legal advice prepared by senior human rights lawyers including Amal Clooney and Geoffrey Robertson.

Athens has the best chance of securing control of the sculptures if it takes action through the International Court of Justice or the European Court of Human Rights, according to a 150-page report prepared by its team of eminent global lawyers.
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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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