Janet Ulph and Ian Smith, THE ILLICIT TRADE IN ART AND ANTIQUITIES: INTERNATIONAL RECOVERY AND CRIMINAL AND CIVIL LIABILITY Oxford: Hart Publishing (www.hartpub.com), 2012. xlviii + 304 pp. ISBN 9781841139647. £78.

Pages266-267
Published date01 May 2013
Date01 May 2013
DOI10.3366/elr.2013.0158
AuthorChrista Roodt
<p>This text represents a systematic exploration of the response, and effectiveness, of current English law to the illicit trade in art and antiquities. The offences, liability and law enforcement measures associated with recently stolen, looted or illegally exported objects are evaluated against clear benchmarks found in domestic law and pertinent international initiatives in this area of law. Recent lootings in Afghanistan, Iraq and Egypt are highlighted.</p> <p>UK laws are found to be satisfactorily robust (259), but gaps in legal protection are identified. The status of the UK as a non-signatory state of both the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, has significant implications. In addition, using as a criterion for protection the financial value of certain types of objects is all but ideal. Throughout, the work remains true to the complex nature of cultural objects as embodiments of creativity and information, and as repositories of knowledge with commercial value. The legal implications of this duality are deftly dealt with. Considering how easily a cultural perspective on the movement of art and antiquities can be undermined, the effect of non-economic derogations from the free movement of goods on cultural objects in the European Union is handled with notable insight. The text also convinces in respect of pragmatic questions arising in English private international law in the part that deals with private recovery through the civil courts. The publication of the work preceded the agreement that was reached on the final text of the Recast <a href="https://eu.vlex.com/vid/regulation-eu-no1215-2012-843215308">Regulation (EU) No 1215/2012</a> on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 12 December 2012, so that the changes made by the Recast are not included in the discussion. The Recast has overtaken core aspects of the former <a href="https://eu.vlex.com/vid/council-regulation-ec-no-843413795">Brussels I Regulation</a> 44/2001. For instance, the relationship between exclusive choice of court agreements and stays (240 and 243–244) has been redefined, and so have the criteria and procedures applicable to the enforcement of foreign judgments (251).</p> <p>The text makes outstanding contributions to knowledge in several areas. Readers learn how ordinary criminal offences and civil law mechanisms that apply to any kind of item operate alongside special mechanisms designed to protect cultural objects. The treatment of broad...</p>

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