Art Antiquity & Law


October 2015 - Contents

Recent Developments in the Fight against the Illicit Export of Archaeological Objects: the Operational Guidelines to the 1970 UNESCO Convention
Tullio Scovazzi and Paolo Giorgio Ferri

Possessing Possession: Who Owns Benin Artefacts?
Afolasade A. Adewumi

Not Merely Symbolic Restitution: Constable Beaching a Boat, Brighton
Charlotte Woodhead

Byzantine Frescoes Return to Cyprus
Alexia Ogden

Case Notes

Nostalgia and the Ownership of Historic Transport: Two Cases from New Zealand
In the Matter of the Companies Act 1955 and In the Matter of Inns of New Zealand Ltd (In Liquidation)
Hostick v. The NZ Railway & Locomotive Society Waikato Branch
Katharine Mason
Determining the Intentions of the Testator: Tangled Trusts and Lifetime Gifts
Drakeford v. Cotton and Stain
Katharine Mason
Withdrawal Symptoms Ange v. First East Auction Holdings Pty Ltd
Paul Stevenson
Gift or Loan? Examining the Evidence Hrabalek v. Hrabalek
Katharine Mason
Gift or Theft? Picasso et al. v. Pierre and Daniele L
Anne-Sophie Nardon



July 2015 - Contents

The Art of Connoisseurship through Judicial Eyes: the Law of Negligence and Fine Art Attribution
Isabel Paintin

War, Peace and Cultural Heritage: How Two Colleges Repatriated Obejcts Taken from Okinawa after the Second World War
Susan Libby

Protecting Australia s Wartime Heritage
Joel Gilman

Art Lending: Market Overview and Possession of the Collateral Under Swiss Law
Nina M. Neuhaus

Protection of Handicrafts in Light of Jordanian Intellectual Property Laws
Ramzi Madi

The Waitangi Treaty, the Rena Wreck and Indigenous Culture in New Zealand
Marian Ang

Former Vichy Law on the Export of Works of Art Declared Contrary to the French Constitution
Mathilde Roellinger



April 2015 - Contents

Japan s Law for Protection of Cultural Properties and the Great Earthquake of 2011
Makoto Shimada

Impacting Heritage Crime: the Metropolitan Police Service s City of Westminster West End Impact Zone Initiative
Gertrude M. Prescott

Legal Protection of Chinese Cultural Relics: A Justification for the Return
Hui Zhong

Blessed are those who Kept the Story for the Next Generations
Svetlana Petrova

Excavation at Gordian: A Glimpse into the Work of a Modern-Day
Archaeologist and the Challenges of Illegal Excavations and Looting

Interview with Kathryn R. Morgan conducted by Nina M. Neuhaus

Case Notes

The Applicability of Presumptions: Baxter v. Barnes
Katharine Mason
Archaeological Sites and Anti-Social Behaviour: R. v. West
Katharine Mason
The Duties of a Mortgagee over Chattels Left on Mortgaged Properties: Da Rocha Afodu v. Mortgage Express Ltd
Katharine Mason


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Art Antiquity and Law is a Quarterly designed for all who value the cultural and historical environment.

The principal aim of the Quarterly is to inform. It exists to tell those who work in art and antiquity about the law governing their activities and the policies behind the law. It is founded on the belief, never more confident than today, that cultural life cannot in a legal vacuum. In our conviction, all responsible members of the art and history community should be aware of the role which law plays in shaping cultural policy. To understand law, however demanding the task, is to meet its challenges more effectively.

In pursuit of these aims, we have created a periodical which, besides giving an account of new legislation, case-law, public documents and official initiatives, gives considered opinions on more general points of law and practice. We believe that it will enable readers to absorb legal change and to respond coherently to it. We hope that it will also encourage them to think critically about public policy in relation to art and the protection of the past.

Art Antiquity and Law is designed for people who work in areas other than law, as well as for legal practitioners. Many articles are written by non-lawyers who have particular experience of applying or reforming the law. The Quarterly is accessible to collectors, auction houses and market consultants, archaeologists, developers, investors, anthropologists, fund managers, insurers and loss adjusters, solicitors and barristers, university lawyers, local authorities, museum officers, art historians, tax advisers, owners of historic properties and cultural policy advisers.

Art Antiquity and Law 2015

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