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KLUWER ART LAW PUBLICATIONS




Art Antiquity and Law

Art Loans

Legal Aspects of International Trade in Art/ Aspects juridiques du commerce international de l'art

Law, Ethics and the Visual Arts





Introducing

Art Antiquity and Law

Editor-in-Chief Professor Norman Palmer

A new journal aiming to inform those who work in art and antiquity about the law governing their activities and the policies behind the law

Providing informed, practical and scholarly comment, Art Antiquity and Law is the first periodical solely devoted to the impact of law on heritage. It is founded on the belief that cultural life cannot exist in a legal vacuum and that all responsible members of the art and history community should be aware of the role which law plays in shaping cultural policy. Above all, Art Antiquity and Law is a journal of inquiry and an advocate of the big picture. As such, it seeks to reflect all interests and shades of opinion and to foster respect among the adherents. The authors and unparalleled editorial board constantly demand to know, not only what is happening and how it is managed, but whether it should continue to happen and how, if at all, it can be stopped.

Art Antiquity and Law is published under the auspices of the Institute of Art and Law and under the general editorship of Professor Norman Palmer, a noted authority on the interrelation of history, art and law. As such, it is well equipped to help its readers assimilate the mass of legal regulation within the field, and be prepared to respond to it.

Sharp in focus - Wide in scope

One of the journals's ambitions is to be truly worldwide, and to provide coverage on all aspects affecting art and antiquity law. Every form of cultural evidence is explored, as is the vast range of human activity in this domain. Art Antiquity and Law recognises that much of this activity is commercial and deals with art as personal property. Attention is duly given to policy and to the balance between public and private interest. Further, the quarterly gives an account of new legislation, case-law, public documents and official initiatives, and gives considered opinions on more general points of law and practice.

 

Cultural evidence paintings

sculpture

ancient cargo and vessels

literature

folklore

ritual and oral tradition

human remains

historic sites and the built environment

 

Commercial activity sale or lease of art works

transport and insurance

title disputes

war loot

limitation periods

cross-border theft

use of art as security for debts

tax traps and incentives

conservation liberty risks

copyright and moral right claims

state funding for acquisitions

new types of dispute resolution mercantile role of public bodies

 

Policy balance between public and private interest

ethical and spiritual fetters which regulate human tradition

Specialised Articles

No other journal provides the type of thought-provoking, diverse and truly global articles you will find in Art Antiquity and Law. Ranging from gallery collections and multi-media law to negligent valuation of classic jewellery, from ownership of human remains to reporting schemes for portable antiquities, articles are written by eminent academics and practitioners in the field. We therefore ensure you are at the disposal of the highest quality material to keep you abreast of all international and comparative developments.

A small selection of recent and forthcoming articles

* When it's O.K. to sell the Monet: a Trustee-Fiduciary-Duty Framework for analysing the Deaccessioning of Art to meet Museum Operating Expenses Jennifer White

* Art Auctions in the Peoples Republic of China David Murphy

* The Application of Copyright to Aboriginal Intellectual Property Terri Janke

* Museums as International Copyright Owners Peter Wienand

* The National Treasures Exception in Article 36 of the Treaty of Rome

* Time Limits in Art and Antiquity Claims Ruth Redmond-Cooper

* The Law of Law Enforcement Agencies in the Recovery of Stolen Art Charles Hill

 

 

Readership

Due to the scope and coverage of Art Antiquity and Law, this journal will be of great importance to a wide ranging spectrum of bodies in the community.

Current readers include

. legal practitioners . university lawyers . museum officers . goods underwriters . trust lawyers . fund managers . insurers and loss adjusters . tax advisers . investors . collectors . auction houses . market consultants . archaeologists . property developers . anthropologists . local authorities . art historians . owners of historical properties . cultural policy advisers.

The Institute of Art and Law

The Institute of Art and Law is an independent institution which has as its main object the increase of public knowledge concerning the contribution of law to the development of cultural tradition. It offers education, advisory and adjudicatory services across the fields of art, history and law. Among the Institute's activities are the provision of specialised training courses and seminars to lawyers, historians, collectors, dealers, museum officials, and others on aspects of heritage law and practice, and the funding of research through grants and research projects.

Call for Papers

The editors are pleased to consider for publication articles, case-notes, statute commentaries, book-reviews and conference reports. Prospective authors are invited to discuss their proposed submission with the relevant subject area assistant editor, where this would be of assistance. For further details, please contact Ruth Redmond-Cooper at The Institute of Art and Law, Bank Chambers 121, London Road, Leicester LE2 OQT.

Specifications

Volume 2, 4 issues

ISSN 1362-2331

Art Antiquity and Law 1362-2331 £ 134 / NLG 335 / US$ 200

Volume 2, 1997

Art Antiquity and Law 1362-2331 £111 / NLG 355 / US$ 182.50

Volume 3, 1998

 

Editorial Board

 

Editor-in Chief Professor Norman Palmer, Rowe & Maw Professor of Commercial Law, Faculty of Laws, University College London

Executive Editor Ruth Redmond-Cooper, Director, Institute of Art and Law

Production Editor Keith Marriott, Institute of Art and Law

Geoffrey Bond, Solicitor

Professor Michael Bridge, Hind Professor of Commercial Law, University of Nottingham

Peter B. Carter, QC, Wadham College, Oxford

Maître Sosthène de Vilmorin, Avocat à la Cour, Paris

Sir Matthew Farrer, GCVO

Dr. Caroline Forder, Rijksuniversiteit Limburg, the Netherlands

Professor Brian Harvey, University of Birmingham

Professor Anthony Hudson, Emeritus Professor of Common Law, University of Liverpool

Professor Peter Kaye, Morgan Bruce Professor of European Law, University College Swansea

Rosslyn Lee, Barrister

The Hon. Sir Anthony Mason, AC, KBE, Chancellor, University of New South Wales; National Fellow, Research School of Social Sciences, Australian National University; Chief Justice of the High Court of Australia, 1987-1995

Dr. Frédéric Marx, Docteur en Droit, Officier de la Légion d'Honneur

Professor Gareth Miller, University of East Anglia

Professor John Phillips, Professor of English Law, King's College London

Professor the Lord Renfrew of Kaimsthorn, FBA, FSA, The Master, Jesus College, Cambridge

Lord Renton, KBE, QC, TD, DL

Lord Templeman, MBE

Revd. E. Gordon Webb, LLB, Christchurch, Clarendon Park, Leicester

 

 

Art Loans

by Professor Norman Palmer

Rowe & Maw Professor of Commercial Law, Faculty of Laws , University College London, UK

 

Drawing on four years' research and an unrivalled knowledge of the common law of personal property, the author explores the pitfalls which lurk within every art loan, charts the modern trend towards uniformisation and seeks to assess the place of the modern art loan as a medium of cultural exchange.

It is over twenty years since the General Conference of UNESCO called on the nations of the world to adopt more effective legal initiatives for promoting all forms of exchange of cultural objects including loans and exhibitions. The aim of this unique new work is to examine how those nations have responded to the challenge, and to give a detailed analysis of the legal and practical mechanics of art lending. Both domestic and international art lending are covered and full treatment is given to international touring exhibitions. Art Loans seeks to identify in logical sequence the legal issues which might arise from a loan or exhibition, giving due emphasis to each aspect according to its practical importance and the depth of treatment it receives in the standard forms.

 

May 1997 Hardbound 624 pages ISBN 90-411-0667-7

£130 / NLG 217 / US$ 350

 

Legal Aspects of International Trade in Art/ Aspects juridiques du commerce international de l'art

edited by Martine Briat and Judith A. Freedberg

The legal art trade in international culture and civilisation continues to remain a very contentious subject. What principles should govern the legal trade of cultural objects? What are the legal, practical, ethical and political issues arising from recovering works of art after armed conflict? How to measure the value of the Cazenoves frescoes in Rousillon without considering their context? What are the problems of protecting immovable cultural property? World-renowned experts gather in this fifth volume in the International Sales of Works of Art series to exchange ideas on these complex and contentious subjects.

 

Over ten years, this series has become the indispensable reference for professionals in every sector of the international art market. A unique resource for scholars and practitioners all over the world.

 

Published in association with ICC Publishing S.A., Paris and Manz Verlag Publications, Vienna. Customers in Austria, please contact Manz Verlag.

 

December 1996 Paperback 414 pages ISBN 90-411-0295-7

£ 66 / NLG 150 / US$ 97

 

FORTHCOMING Third Edition

Law, Ethics and the Visual Arts

by John Henry Merryman and The Late Albert E. Elsen

 

Law, Ethics and the Visual Arts describes and critically discusses what happens when the art world encounters the law and vice versa. Through a combination of primary source materials, excerpts from professional and art journals and extensive textual notes, this authoritative and comprehensive work presents a thorough analysis of, inter alia: the fate of works of art in wartime; the international trade in stolen and illegally exported cultural property; artistic freedom, censorship and state support for art and artists; copyright, droit moral and droit de suite; collectors and the art market; income and estate taxation; charitable donations of works of art, and; art museums and their collections. The book is unique in its description of the origins and development of major areas of art law and practice, its analysis of international problems, applicable public and private international law and different national approaches to similar problems, and its critical evaluation of the implications of laws, legal decisions and art world practices. This stimulating book is of extraordinary value and is recommended to any art world professional.

"... an outstanding [...] pioneer contribution to the ethical and social problems to which artistic activity in society gives rise and to the ways in which law has been and could be used to achieve their satisfactory solution." review on the second edition, International and Comparative Law Quarterly

 

Due Sepetember 1997 Hardback approx. 550 pages ISBN 90-411-0697-9

Price: TO BE ANNOUNCED

 

Information about these publications was provided by:
Marissa Galatis
Kluwer Law International
Product Manager
MarissaG@KluwerLaw.co.uk

Sterling House
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Tel: +44 (0)171 821 1123
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