Posted on: August 7, 2019 by Alexander Herman
Since the release of the Sarr Savoy Report at the end of November (over eight months ago), there has not been the feared avalanche of returns to Africa of artefacts from French public collections. Far from it. In fact, the latest public actions on the part of the French government seem to show a retreat […]
Posted on: June 4, 2019 by Alexander Herman
The following commentary first appeared on The Art Newspaper website on 29 May 2019. The British Museum seems to enjoy telling the world about its statutory restrictions. Whenever would-be claimants approach the museum seeking restitution of an object from the collection, the almost mechanical response from the museum is that its trustees are prevented from doing so, […]
Posted on: May 24, 2019 by Alexander Herman
For those who haven’t heard of her, Vivian Maier was a secret photographer. She lived and worked in Chicago throughout the 50s, 60s and 70s largely as a nanny in well-to-do suburbs. She had no close family of her own and died in 2009 with little fanfare. But she had spent most of her adult […]
Posted on: April 17, 2019 by Alexander Herman
Last June, a Federal Court decision in Canada caused quite a stir. It related to the export control system that applies in Canada for cultural property and the definition of the term ‘national importance’. As we reported in September, the case involved the attempted export from Canada of an oil painting by French Impressionist Gustave […]
Posted on: March 8, 2019 by Alexander Herman
The IAL recently submitted a response to a consultation on export controls released by the UK’s Department for Digital, Culture, Media & Sport (DCMS). The consultation related to a recent proposal to introduce a legally binding offer into the mechanism by which would-be exporters are required to accept fair matching offers from UK institutions (or […]
Posted on: January 4, 2019 by Alexander Herman
Welcome to 2019. In many ways, this year may reverse some of the developments of 2018 – at least insofar as the art law world is concerned. The reason for this is that a number of important cases decided in 2018 are under appeal, with the appeals to be heard (and likely decided) in the […]
Posted on: December 23, 2018 by Alexander Herman
In 1897, British troops marched on Benin City, capital of the fabled West African kingdom of Benin, ruled over by a powerful Oba. The attack was called a ‘punitive expedition’ because it was a retaliatory response to the Oba having massacred a British delegation of eight officials, two traders and local escorts the previous month. […]
Posted on: December 14, 2018 by Alexander Herman
American prosecutors have been busy of late. Not only has New York Assistant District Attorney Matthew Bogdanos been active over the past 18 months in seeking seizure and forfeiture orders for stolen or looted property, but the US Attorney’s office has been busy as well. Added to this is the favourable stance the US courts […]
Posted on: November 28, 2018 by Alexander Herman
Last week, French President Emmanuel Macron received the report he commissioned in March on the restitution of African artefacts currently held in French Museums. The commission followed the President’s speech in Ouagadougou, Burkina Faso, delivered one year ago today, in which he had called for “the conditions to be met within five years for the […]
Posted on: November 19, 2018 by Alexander Herman
We are happy to announce that the latest issue of Art Antiquity and Law is out. The issue features thought-provoking articles on a number of legal issues new and old. This includes Sydney lawyer Elizabeth Pearson’s article ‘Colonial Statutes and Statues: Rethinking the Law on Aboriginal Cultural Heritage in New South Wales’, which considers the […]