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Research paper thumbnail of Settling Cultural Property Disputes

Jeffrey S. Moorad Sports Law Journal, 2011

In the past, collectors and museums often stonewalled claimant countries seeking repatriation of ... more In the past, collectors and museums often stonewalled claimant countries seeking repatriation of looted artwork, relying on lengthy and costly litigation to discourage developing countries from pursuing cultural repatriation claims. Although some laws were in place concerning the import and export of such pieces, for the most part the market in antiquities was unregulated. However, recent events have led to a number of important changes in this area of law. While in the past, most claimants of stolen antiquities were developing countries with limited resources, recent decisions by the governments of Greece and Italy to pursue criminal prosecutions of dealers and curators have changed the legal landscape. In addition, the mass looting of archaeological sites and museums in Iraq resulted in the US adoption of the 1954 Hague Convention, and reforms in British law governing replevin cases. Other recent changes in this area that have significant legal ramifications include the adoption i...

Research paper thumbnail of Settling Cultural Property Disputes

conviction-for-dealer-of-stolen-antiquities-is-upheld/?scp=1&sq=Conviction %2Ofor %20Dealer%20of%... more conviction-for-dealer-of-stolen-antiquities-is-upheld/?scp=1&sq=Conviction %2Ofor %20Dealer%20of%2OStolen%2OAntiquities%20is%20Upheld&st=cse ("[Giacomo Medici] helped sell illegally excavated artifacts to private collectors and art institutions including the Metropolitan Museum of Art, the J. Paul Getty Museum in Los Angeles ("Getty Museum"), and the Museum of Fine Arts ("MFA") in Boston 3. See id.

Research paper thumbnail of Settling Cultural Property Disputes

Jeffrey S. Moorad Sports Law Journal, 2011

In the past, collectors and museums often stonewalled claimant countries seeking repatriation of ... more In the past, collectors and museums often stonewalled claimant countries seeking repatriation of looted artwork, relying on lengthy and costly litigation to discourage developing countries from pursuing cultural repatriation claims. Although some laws were in place concerning the import and export of such pieces, for the most part the market in antiquities was unregulated. However, recent events have led to a number of important changes in this area of law. While in the past, most claimants of stolen antiquities were developing countries with limited resources, recent decisions by the governments of Greece and Italy to pursue criminal prosecutions of dealers and curators have changed the legal landscape. In addition, the mass looting of archaeological sites and museums in Iraq resulted in the US adoption of the 1954 Hague Convention, and reforms in British law governing replevin cases. Other recent changes in this area that have significant legal ramifications include the adoption i...

Research paper thumbnail of Settling Cultural Property Disputes

conviction-for-dealer-of-stolen-antiquities-is-upheld/?scp=1&sq=Conviction %2Ofor %20Dealer%20of%... more conviction-for-dealer-of-stolen-antiquities-is-upheld/?scp=1&sq=Conviction %2Ofor %20Dealer%20of%2OStolen%2OAntiquities%20is%20Upheld&st=cse ("[Giacomo Medici] helped sell illegally excavated artifacts to private collectors and art institutions including the Metropolitan Museum of Art, the J. Paul Getty Museum in Los Angeles ("Getty Museum"), and the Museum of Fine Arts ("MFA") in Boston 3. See id.

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