ART AND HERITAGE DISPUTES
CALL FOR PAPERS
Dr. Valentina Vadi and Professor Dr. Hildegard Schneider
This Special Issue aims to identify, map and critically assess the number of
art and heritage disputes which have arisen in the past decades. The return of
cultural artifacts to their legitimate owners, the recovery of underwater
cultural heritage, the governance of sites of outstanding and universal value,
the protection and promotion of artistic expressions, and the protection of
cultural sites in time of war are just some of the issues which have given rise
to art and heritage related disputes. Such disputes have involved a number of
different actors arising among states, states and private individuals and
individuals. As the regulation of cultural goods constitutes a good example of
multilevel governance and legal pluralism, art and heritage related disputes
have been brought before national fora, human rights courts and tribunals,
international economic law fora and even before the International Court of
Justice. Such disputes have certainly made headlines and attracted the varied
interests of academics and policy-makers, museum curators and collectors,
human rights activists and investment lawyers, thieves and guards, and artists
and economists to mention a few. It is now time to take these unchartered
developments into account, and to assess the contribution that these cases are
offering to the development of international law in both its public and private
dimensions. Are there common threads or features that characterize such
disputes?
The proposed special issue will be co-edited by Professor Hildegard
Schneider and Dr. Valentina Vadi. Professor Dr. Hildegard Schneider is the
Dean of the Faculty of Law at Maastricht University. She has lectured in art
law for more than twenty years and has regularly convened international
workshops and conferences on cultural law on an almost yearly basis. She has
published a number of contributions in this field, and has co-edited (with
Peter Van den Bossche) Protection of Cultural Diversity from a European
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and International Law Perspective (Intersentia 2008), and (with Valentina
Vadi) Art, Cultural Heritage and the Market (Springer, forthcoming 2013).
Dr. Valentina Vadi is a Marie Curie postdoctoral Fellow of the Faculty of
Law at Maastricht University. She has been awarded a Marie Curie
Fellowship by the European Commission for the years 2011-2013 concerning
cultural heritage in international and European law. She has published a
number of contributions on international cultural law and has co-edited (with
Hildegard Schneider) Art, Cultural Heritage and the Market (Springer,
forthcoming 2013).
Possible themes for consideration in this special issue include:
1) Cultural rights
- cultural rights litigation;
2)
-
Tangible cultural heritage
the protection of built heritage v. economic activities;
disputes concerning world heritage;
protection of cultural sites in times of war;
protection of cultural heritage from vandalism;
protection of cultural heritage after natural disasters;
investment treaties and exclusions for natural cultural measures;
3)
-
Intangible cultural heritage
intellectual property and intangible cultural heritage;
the use and misuse of traditional knowledge;
indigenous heritage;
cultural landscapes;
4) Underwater cultural heritage
- the recovery of underwater cultural heritage;
5)
-
Art law
art law disputes;
alternative dispute settlements in the art and heritage sector;
artist rights;
droit de suite;
restitution of looted goods;
colonial heritage;
museums and the return of cultural objects;
6) Dispute settlement mechanisms
- heritage related disputes before the International Court of Justice;
- heritage related disputes before the European Court of Human Rights;
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-
heritage related disputes before the African Commission on Human
Rights;
heritage related disputes before the Inter-American court of human rights;
heritage related inter-state arbitrations;
heritage related mixed arbitrations;
heritage related disputes before national courts;
international cooperation in the cultural sector;
cultural diplomacy.
Selected authors will also be invited to present their research at the
conference/workshop on Art and Heritage Law to be held on 24-27 March at
Maastricht University, the Netherlands.
Paper proposals (i.e. abstracts) of up to 500 words should be submitted as
soon as possible by December 1, 2012. The Editors will select papers at their
discretion. If selected, full papers of up to 5000 words including footnotes
will be due by May 15, 2013. Publication is expected in the fourth quarter of
2013.
All questions should be addressed to v.vadi@maastrichtuniversity.nl. Please
CC
info@transnational-dispute-management.com
and
h.schneider@maastrichtuniversity.nl when submitting your materials.
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