Rethinking EU Cultural Property Law
In: Schriften zum Kunst- und Kulturrecht v.26
Cover -- Part I: Study on the European added value of legislative action on cross-border restitution claims of works of art and cultural goods looted in armed conflicts and wars with special regard to aspects of private law, private international law and civil procedure -- Executive Summary -- Chapter 1 - Terms of Reference -- I. Mission: Tackling legal uncertainty within the civil law dimension of cross-border restitution claims by EU legislative action -- II. Overall objective: Improving "private enforcement" against looting of art and cultural property -- III. Reason: Limited scope and success of public enforcement -- IV. Caveats: Procedural and material justice of civil law -- V. Incomplete history of public and private "partnership" in the protection of cultural property -- VI. Support for a comprehensive regulatory framework by the United Nations -- VII. Focal points of an effective private enforcement for claims for restitution of looted cultural property by EU legislative action -- Chapter 2 - On the scale of illicit trade with Looted Cultural Property -- I. The global art market: Up to USD 57 billion per annum? -- II. Illicit trade: Up to USD 8 billion per annum? -- III. ILLICID: A German pilot project for investigating the illicit art market -- IV. Figures from Databases in the field -- 1. INTERPOL -- 2. Art Loss Register -- 3. Lost Art Database (Nazi Looted Art) -- 4. Central Registry of Information on Looted Cultural Property 1933 - 1945 (Nazi Looted Art) -- V. Many more recent signs of concern -- 1. UN Security Council Resolution 2347 (24 March 2017) -- 2. Terrorism and Illicit Finance Subcommittee of the US House of Representatives (23 June 2017) -- 3. FBI Report "Art Theft" (3 May 2017) -- 4. Council of Europe Convention on Offences relating to Cultural Property (3 May 2017)
