Showing results 25 - 36 of 82 for the tag: Legal action.

November 14, 2012

Why don’t we just sue the British Museum? A litigator’s perspective on the Elgin Marbles debate

Posted at 9:17 am in British Museum, Elgin Marbles

Michael J Reppas, the chair of the American Committee for the Reunification of the Parthenon Sculptures has written a new book about how the issue of the reunification of the Parthenon Sculptures might be approached from a legal perspective.

You can order it online from Barnes & Noble here. For some reason it doesn’t seem to be in Amazon’s catalog.

From:
Hellenic Communications Service

Book Release for Why Don’t We Just Sue the British Museum? A Litigator’s Perspective on the Elgin-Parthenon Marbles Debate by Michael J. Reppas, II, Esq.

Title: Why Don’t We Just Sue the British Museum? A Litigator’s Perspective on the Elgin-Parthenon Marbles Debate
Author: Michael J. Reppas, II, Esq.
Publisher: E-volve Publishing, LLC, 8004 NW 154h St. #214, Miami, FL 33016
Date of Publication: 2012
Language: English
ISBN: 978–0-9859755-0-0
Price: $29.99 (plus $3.50 S&H)
Description: 306pp softcover, incl. illus.
Availability: Website of The American Committee for the Reunification of the Parthenon Sculptures, Inc. (downloadable order form) at the URL http://www.parthenonmarblesusa.org/index.php/support-acrps/michael-j-reppas-new-book . All proceeds donated by author to The American Committee for the Reunification of the Parthenon Sculptures, Inc.

About the Book

Reppas skillfully crafts a trial for the return of the Marbles, with an impassioned Opening Statement, engaging trial transcript dialogue, introduction of exhibits and evidence, and Closing Statement.
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November 12, 2012

Revisiting S2212 – The flaws inherent in the Foreign Cultural Exchange Judicial Immunity Clarification Act

Posted at 7:03 pm in Similar cases

Nikki Georgopulos has written a very extensive piece for the Plundered Art blog about the man issues with Senate Bill S2212 (the Foreign Cultural Exchange Judicial Immunity Clarification Act). While the act gives the impression of helping the current situation, in reality it causes as many problems as it solves.

Her article is in two parts.

Part 1.

Part 2.

October 16, 2012

The legal arguments for the return of the Parthenon Marbles

Posted at 1:36 pm in British Museum, Elgin Marbles

If you talk to a group of lawyers who believe the return of the Elgin Marbles could be brought about by legal action (as I have done), and each one that you talk to will have a different idea of exactly how it can be achieved – in terms of which court, which jurisdiction, and which points form the basis of the case. One fact remains though – Italy argued for a long time with many of the big US museums for the return of looted artefacts – but only started to see any results once they had initiated legal proceedings against them. Whether or not legal action is aimed at winning the case in court, it can be a powerful tool for bringing people to the negotiating table with a more serious mindset – taking the case seriously rather than ignoring it in the hope that it will go away.

This new book by Greek Australian lawyer Kathryn-Magnolia Feeley gives her perspective on the legal issues involved.

From:
Greek Reporter

Feeley’s Legal Argument For the Return of the Greek Marbles
By Stella Tsolakidou on October 13, 2012 in News

Australian lawyer Kathryn-Magnolia Feeley offers her own approach to the issue of the return of the Parthenon Marbles from London to Athens. Her ideas will be officially launched Oct. 14 during her book presentation in Canberra.

The author of “How The Greeks Can Get Their Marbles Back- the legal argument for the return of the Parthenon Marbles ” is an expert on human rights law and has worked as an archaeologist in Greece before taking up her lawyer profession.
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July 16, 2012

Could legal action form a solution to the Parthenon Sculptures dispute?

Posted at 1:08 pm in Elgin Marbles

More coverage of the discussions over the merits of using legal action to expedite the resolution of the long running dispute between Greece & the UK over the Elgin Marbles.

From:
BBC News

21 June 2012 Last updated at 02:42
To sue or not to sue? Parthenon Marbles activists debate
By Trevor Timpson BBC News

Activists from around the world seeking the return of the Parthenon sculptures to Athens have met in London to discuss their strategy as Greece faces troubled times.

“The Olympics are a four-yearly reminder to the world of all we owe to Greece,” said former MP Eddie O’Hara – who chairs the British Committee for the Reunification of the Parthenon Marbles.
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July 10, 2012

Possibilities of filing a lawsuit against the British Museum over the Elgin Marbles

Posted at 12:55 pm in British Museum, Elgin Marbles

Amongst supporters of the return of the Parthenon Marbles, opinion is heavily divided over whether legal action is likely to be a successful way to resolve the situation. Italy has had a lot of success with such an approach in resent years – despite the fact that not many cases end up going to trial, it shows that the request is a serious one & encourages the parties to enter into proper negotiations rather than ignoring the issue.

From
Greek Reporter

Greek-Australians to File Appeal Against Britain for the Restoration of the Parthenon Marbles
By Areti Kotseli on June 26, 2012 in News

In collaboration with special committees dedicated to the cause across the world, Greek-Australians are prepared to file a lawsuit against Great Britain with regards to the return of the Parthenon Marbles. Greeks of the Diaspora are trying hard to press the British government to return these valuable examples of Greece’s stolen cultural heritage.

The announcement was made during the London International Colloquy on the matter. Undisclosed evidence advancing the existing ethical and legal argument for the return of the marbles was presented during the colloquy, where three campaigning organizations for the Parthenon Marbles from the UK, USA and Australia convened in a historic unified effort.
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June 19, 2012

Leopold Museum settlement to allow them to keep Nazi looted Schiele painting

Posted at 8:00 am in Similar cases

Vienna’s Leopold Museum have settled with the claimants of Jenny Steiner to allow them to keep a painting by Egon Schiele. Previous court rulings had instructed the museum to return the painting, which had been looted by the Nazis. It is unclear what the cost of the settlement was for the museum.

To an extent, cases such as this point that there is more than one way to settling restitution cases – and that a case does not necessarily open the floodgates for the emptying of museums. In many cases, the original owners either don’t want, or don’t have the facilities to look after the artfacts in question, but are looking for some sort of compensation for its loss, or in some cases merely an acknowledgement that they are the legitimate owners of it.

From:
Bloomberg News

Austria’s Leopold Museum Settles on Nazi-Looted Schiele Painting
By Zoe Schneeweiss – Jun 14, 2012 11:00 AM GMT

Vienna’s Leopold Museum agreed to settle with the remaining claimants of Jenny Steiner to keep in its collection Egon Schiele’s “Houses by the Sea,” that was stolen by the Nazis.

The 1914 painting belonged to Steiner until she fled Austria in 1938, shortly after the Nazis marched into Vienna. She escaped to Paris and later emigrated to the U.S. with her two daughters. The painting was seized and sold by the Nazis, then later auctioned. Rudolf Leopold, the founder of the Leopold Museum, acquired it in 1955.
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June 7, 2012

Court orders Flamenbaum family to return Nazi looted artefacts to museum

Posted at 1:27 pm in Similar cases

Some sources have described this situation as restitution in reverse – but it is really only reversed, in terms of the fact that the party the artefact was taken from is a museum & the party that now holds it is an individual. The ruling does nothing to reverse the logical outcome – that the party holding onto the looted artefact is instructed to hand it back to the original owner.

From:
New York Times

Nazi Victim’s Family Told to Return Artifact
By PATRICIA COHEN
Published: June 1, 2012

The decision turns on its head the familiar scenario of Holocaust victims suing to reclaim property stolen or extorted from them by the Nazis. But in this case, according to court papers, the precious 3,200-year-old Assyrian artifact had been looted, not from the survivor, but from the Vorderasiatisches Museum in Berlin, at the close of World War II.

It is not clear how the survivor, Riven Flamenbaum, came into possession of the tablet after his liberation from Auschwitz in 1945, when he was sent to a displaced persons camp in southeastern Germany.
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May 25, 2012

Dispute over Senate bill S. 2212 over looted artefacts loaned to museums

Posted at 8:07 am in Similar cases

The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act has stirred up quite a bit of controversy in the USA.

Many who have examined the bill (S. 2212) say that despite exemptions in the planned law, it is only really there to protect the interests of the big museums – while reducing the chances of recovering looted artefacts by the original owners (or their descendants).

From:
New York Times

Dispute Over Bill on Borrowed Art
The heirs of Malevich sought to recover paintings, including the ones displayed above center and right.
By DOREEN CARVAJAL
Published: May 21, 2012

The lending and borrowing of famous artworks is the essence of cultural exchange between museums in the United States and abroad. So routine is the practice, and so universally valued, that the American government has traditionally protected it with a law that shields a lent work from being seized by anyone with a claim to legal ownership while the art is on display here.

In recent years, though, American museum directors have come to fear that this safeguard has eroded, and that foreign museums, dreading entanglement in costly ownership battles, are more hesitant to make loans. So they have asked Congress to increase the security for global art swaps.
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May 10, 2012

Who does the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act really protect?

Posted at 1:16 pm in Similar cases

A comment on my earlier post about the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, also known as Senate Bill S. 2212 highlights some more issues with this proposed law.

I’ve copied the information below directly from the comment by Pierre Ciric.

People who are concerned about the potential impact of the act are encouraged to sign the petition here.

As a second generation holocaust survivor, I have concluded that S. 2212, in shielding any government-related foreign institution from ANY liability or suit in the United States for claims for artworks related to cultural exchanges, and subject to pillage, plunder or illegal excavation, is appalling.

In 1998, the Association of Art Museum Directors (AAMD) and its members promised to perform in-depth provenance research for their entire collections, during hearings held by Jim Leach, Chair of the House Committee on Banking and Financial Services.
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May 1, 2012

Questions of provenance arising from destroyed Nigerian Nok statue in New York

Posted at 5:23 pm in Similar cases

The owner of a Nok statue accidentally destroyed by a magazine photographer is suing for the cost of the statue. Other issues remain unanswered in this case though, relating to the exact provenance of the terracotta figure & how it ended up in New York in the first place.

Damage such as this once again raises the issue of whether such artefacts really are in any way guaranteed to be looked after better in the west.

You can read the press coverage of the story, which includes pictures of the statue, here.

From:
Kwame Opoku (by email)

DAMAGE TO NOK SCULPTURE IN PRIVATE WESTERN COLLECTION. WILL OTHER AFRICAN ARTEFACTS END IN THIS WAY?
1 May 2012.

It has been reported in the New York Daily News that the widow of the French artist Arman, is suing in Manhattan Supreme Court for damage to a Nok sculpture caused during a photo shooting session for an art magazine. The sculpture fell and broke into pieces as shown above. Apparently, assistants of the magazine had moved the sculpture from its usual secure position. Mrs Arman has claimed that the sculpture was worth some $300,000. What will the average Nigerian think of this sum?

A question that will surely be raised is whether the precious object was insured against damage and for how much. If it was not insured, this may well reflect on the value attached to it by the owner.
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April 25, 2012

Egyptian antiquities smuggler Mousa Khouli pleads guilty

Posted at 1:04 pm in Similar cases

The trial of a smuggler of looted Egyptian antiquities is currently ongoing in the USA. Once again, it is great to see real action being taken in such cases, but it serves to highlight the oddity of how artefacts taken using similar means, not that many years ago, are legitimately on display in many museums, with little fear of any sort of legal comeback.

You can read a more in-depth analysis of this case here.

From:
Independent Online

SA Time: 25 April 2012 15:01:30
Dealer admits smuggling Egyptian treasures
April 19 2012 at 12:21pm

New York – An antiques dealer pleaded guilty on Wednesday to smuggling ancient Egyptian treasures, including a coffin, to the United States.

Mousa Khouli, also known as Morris Khouli, aged 38, faces up to 20 years of prison for “smuggling Egyptian cultural property into the United States and making a false statement to law enforcement authorities,” the federal prosecutor’s office in New York said.
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April 23, 2012

Swiss court confiscates ancient Greek coin

Posted at 5:08 pm in Greece Archaeology, Similar cases

More coverage of the court ruling concerning a Greek coin in Switzerland. Once again thoguh, this article takes the line that collectors are being unfairly subjected to laws, restricting the free sale of ancient coins.

From:
Numismaster

Swiss Court Confiscates Ancient Coin
By Richard Giedroyc, World Coin News
February 22, 2012

An Associated Press news release of Jan. 12 originating from Thessaloniki, Greece, is worthy of attention not only due to the news of the confiscation of an ancient coin but because of the noticeably nationalistic sympathies reflected in the story.

The coin, described as an octadrachm “coin struck by a little-known Thracian ruler named Mosses around 480 BC, the time of the second failed Persian invasion of Greece,” was confiscated following a ruling by a court in Switzerland. According to the AP story, the coin “was allegedly illegally excavated in northern Greece and sold at auction in Switzerland, Greek and Swiss officials say.”
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