ARCA

ART AND CULTURAL HERITAGE CONFERENCE 2013 JUNE 21-23

2013ConferenceSchedule
Friday, June 21
Conference is held at Chiostro Boccarini

The Association for Research into Crimes against Art (ARCA) has o

18.00 Opening Cocktails at Palazzo Farrattini

Saturday, June 22
9.00 Conference Opening 9.15-10.40 Panel 1 10.40-11.00 Coffee Break 11.00-12.30 Panel 2 12.30 13.30 Lunch in the Cloisters 13.30 14.30 Stefano Alessandrini and Derek Fincham discussion on the Fano Athlete/Getty Bronze 14.30 16.00 Panel 3 16.00- 16.20 Coffee Break 16.30 18.30 ARCA Award Presentation 20.00 Conference Dinner at La Locanda

Sunday, June 23
9.15 11.00 Panel 4 11.00-11.20 Coffee Break 11.20 13.00 Panel 5 13.00 Closing

SaturdayJune22nd
9.00 Conference Opening
9.15-10.40 Panel 1
Panel 1 will be moderated by Marc Balcells Magrans, a Fulbright scholar, Spanish criminologist, and a criminal lawyer. He currently lives in New York where he is completing a PhD in Criminal Justice.

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Toby Bull, Senior Inspector, Hong Kong Police Force
Senior Inspector Toby Bull has been in the Hong Kong Police Force since 1993. He holds a degree in Fine Arts and is a qualified art authentication expert. He is published and has lectured extensively on the subject of art crime in the Hong Kong and China region. Recently, he founded TrackArt, an Art Risk Consultancy, which is based in Hong Kong. Property of a Hong Kong Gentleman, Art Crime in Hong Kong - Buyer Beware Believed to be one of the largest illegal business in the world, the black-market antiquities trade ranges from the impoverished tomb-raider via organised criminal networks through to the dealers and auction houses in Europe, America and Asia. Looted antiquities are typically smuggled across porous borders, often acquiring fictitious provenance along the way. Documents claiming false authenticity and providing assurances that the items have not been looted, as well as outright fakes of antiquities are also common occurrences. The worldwide popularity and high prices for Chinese archaeological artefacts have encouraged illegal excavation and smuggling of cultural property. Although Chinese authorities have intensified their efforts to crack down on smuggling and illicit excavation, it continues practically unabated. This huge demand for Chinese cultural artefacts has caused serious damage to China's cultural heritage. A distinctive feature of the trade in Chinese antiquities is the important role played in the market by the transition ports such as Hong Kong. Hong Kong is seen as the way station for much of China's exported artefacts on their journey to collections abroad. This talk will look at the nature of the Hong Kong market, the extent of the problem of looted artefacts, as well as addressing the issue of fakes that enter the local Hong Kong market. It also looks at whether greater due diligence or some form of regulation amongst the local dealers could be brought in to help diminish and eventually stop the trade in illicit antiquities.

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Ruth Godthelp, PhD Candidate Vrije Universiteit of Amsterdam, Senior Police officer art related crime, Amsterdam Police.
Ruth Godthelp is a senior police officer art related crime at the serious and organized crime department of Amsterdam Police (The Netherlands). After a legal career as both a judicial assistant of the Public Prosecutor and as a lawyer she joined the police and became the first official national police officer combating art related crime. Besides she recently started a PhD in Criminology (VU University Amsterdam) purely based on police registrations regarding art related crime to purify the basic discussion about the actual scope and nature of art related crime in the Netherlands. The nature of crimes against Arts, Antiques and Cultural Heritage: A description of art related crime in the Netherlands based on police registrations. Although the last decade art related crime acquired increased attention within the policing and academic field, a description of the phenomenon is often made based on theoretical possibilities and only a few case studies. The question therefore arises whether these limited sources of information give an accurate reproduction of the actual nature and scope of art related crime. This presentation presents provisional outcomes of an ongoing research project uniquely using police-registrations of art related crime in the Netherlands from 2007 till 2012 and aims to provide more insight in the offense itself (1) the suspect (2) and (3) the victims of art related crime. For this study 4000 registered art related crimes were extracted from the Dutch national police database and submitted to set definitions and operationalisation approaches which narrowed the dataset down to 1100 registrations. These will be analyzed from the aforementioned angles (offense, suspect and victim). A first finding shows that a large number of registrations are registered in such a restricted way that, although valuable art, antiques or (international) cultural heritage is involved, any indication regarding further investigation is lacking; which leads to limited useful information. Further the paper discusses the type of offense occurring in the dataset and show us mainly (targeted) burglaries from private houses, involving quite a share of modern art-objects. But also cases with constructions of money laundering within the commercial world of art, museum thefts, illegal import of cultural heritage, fraud and high quality forgeries and recurring suspects are discussed. Although research based purely on police-registrations also has restraints (such as the effects of black number and priority based information) this innovative survey offers the possibility to purify the basic discussion about the actual scope and nature of art related crime. In addition it could serve as a starting-point for further required empirical research and priority setting within law enforcement.

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Saskia Hufnagel, Research Fellow, ARC Centre of Excellence in Policing and Security.
Dr Saskia Hufnagel is a Research Fellow at CEPS, Griffith University, Australia and a Leverhulme Fellow at the University of Leeds. Her book Policing Cooperation Across Borders: Comparative Perspectives on Law Enforcement within the EU and Australia (Ashgate, 2013) came out this year. Together with Duncan Chappell she is currently editing Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime (Ashgate, 2013).

"Shifting Responsibilities The Intersection of Public and Private Policing in the Area of Art Crime Art crime is not a special type of crime. Most common forms encompass theft, fraud and forgery offences and are, or should be, policed by local police agencies. However, most art crime is not detected without special knowledge. Whether a stolen painting or statute qualifies as art, needs to be discovered either by the victim, or the investigator. In fraud cases, police need to be able to determine who the actual author of a particular work of art is. Many officers would not be able to make these distinctions, having no specialised training on these matters and in the case of Australia not even a special national unit to refer these cases to. Art crime is hence often referred to experts with special knowledge and even their own intelligence databases. A prominent example for the privatisation of intelligence in this field is the art loss register, which investigates predominantly art theft cases, either commissioned by private institutions or working together with police all over the world. The present paper will examine historically the interaction between public and private policing in the area of art crime intelligence with a view to common law jurisdictions, such as Australia, North America and the United Kingdom. It will be assessed whether a shift towards private intelligence has actually occurred, why a shift might have been necessary, and what dangers private intelligence brings for the art market.

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11.00-12.30 Panel 2
Panel 2 will be moderated by Rene M. Du Terroil who currently directs the internationalisation initiative for the Italian and Spanish campuses of the Instituto Europeo di Design (IED) He has developed and managed heritage and culture-based educational programs in Italy for over fifteen years and teaches in the fields of European public policy and Italian studies. His primary area of interest is diaspora heritage and legacy in the Mediterranean basin.

James Moore, retired trial lawyer and student of Caravaggio.

Jim Moore is a retired lawyer who practiced with a law firm in upstate New York for 45 years. He is a graduate of Cornell University (BS '61) and the Cornell Law School (LLB '64). He is a Fellow of the American College of Trial Lawyers and was the president of the New York State Bar Association. Mr Moore was an officer in the US Army and spent a year in Vietnam. During the past decade Mr Moore has studied Northern Italian artists and in particular, the great Caravaggio. He has written articles and lectured about the artist. The Outrageous Theft of Caravaggio's Masterpiece "The Nativity with Saint Francis and Saint Lawrence In 1969 a thief (or thieves) entered the Oratory of San Lorenzo in Palermo and removed Caravaggio's stunning 1609 painting of the Nativity. The painting has been valued at more than $20M. In spite of a wide ranging hunt for the painting involving would class specialists in art theft and a reward in the millions, the painting has never been found. Retired US trial lawyer and amateur art historian James Moore will present an illustrated discussion of the artist, the missing painting and the efforts to recover it.

*** James Bond, ARCA Alumnus, Certificate 2011 Bond, James Alexander Bond, graduated from the ARCA Masters in Art Crime program in 2011 and presently teaches and lectures about art crime. In previous lives he was a general contractor, a student of global affairs and a Special Agent in the United States Air Force. He presently lives in the United States in Asheville, North Carolina and Savannah, Georgia.

The Theft of Rare Books from the largest Home in the United States The Biltmore House, built by George Washington Vanderbilt II at the end of the 18th century, is still the largest home in the United States. The library contains in excess of 20,000 volumes of rare and unique books collected by Mr. Vanderbilt. In 1979 and into 1980 a well educated and possibly habitual biblioklept stole at least 101 volumes( and likely many more) before he was caught, convicted and sentenced. The story of how this crime came to be, how vulnerable the Vanderbilt and other libraries are to biblioklepts makes for an entertaining and educational lecture. It is accompanied by a Prezi Presentation.

*** Judith Harris, author and free-lance journalist, regular contributor to the New York monthly ARTnews
Journalist Judith Harris is the author of Pompeii Awakened, The Story of Rediscovery (I.B. Tauris, 2007) and is a regular contributor to ARTnews monthly of New York and to the online magazine www.i-italy.org. She frequently writes about problems of conservation. The Role of Collectors Because todays U.S. and European museums, following the tsunami of restitutions from museums like the Getty et alia in the US, now cautiously insist upon provenance before buying, that market has declined. And yet antiquities are still being stolen, including from Italy; consider the looting of some 1,500 precious antiquarian books in the historic Oratoriana library in Naples, sold thanks to a corrupt director to private collectors including to politician Marcello DellUtri, a close collaborator of former Premier Silvio Berlusconi. Among the missing were St. Thomas Mores Utopia of 1516 and Gian Battista Vicos De Rebus Gestis. Like museums, private collectors are asked to adhere to legal norms and to due diligence, but, as the library thefts show, collectors sense of diligence can be casual. This is complicated by globalization: No less than 500 of the stolen books from Naples were found and confiscated in a Munich auction house. A first consideration is why these less-than-diligent collectors go on buying, no matter what.

*** 13.30 14.30 Afternoon Discussion

Stefano Alessandrini and Derek Fincham lead the discussion on the Fano Athlete/Getty Bronze Dr. Fincham is an Associate Professor at South Texas College of Law where he teaches art law and legal writing. He earned his PhD from the University of Aberdeen, King's College, for his dissertation examining the response of the United States and United Kingdom to the illicit trade in art and antiquities. He holds a JD from Wake Forest University, and a BA in History from the University of Kansas. He has lectured on ARCA's Postgraduate certificate program in art crime and cultural heritage protection since 2009. He regularly blogs on heritage issues at www.illicit-culturalproperty.blogspot.com Stefano Alessandrini has worked for more than 30 years to preserve Italys cultural heritage and he has earned international repute as an expert in his field. He was the expert retained

by the legal representatives for the national association Italia Nostra in the trials against Bob Hecht, Marion True and Gianfranco Becchina. Many artworks subsequently recovered by the Carabinieri were identified and tracked by Stefano during the many years that he has worked in this field. He was the consultant with the Advocate General for many cases and negotiations with American museums. Stefano holds a Magnum cum Laude degree in Art History and the Conservation of the Cultural Heritage.

14.30 16.00 Panel 3

Panel 3 will be moderated by Judge Arthur Tompkins. Judge Tompkins is a District Court Judge in New Zealand. He has taught Art in War for the past four years, as part of ARCA's Postgraduate Certificate Program. (He is also presently training to run, cycle and paddle a white-water kayak a gruelling 243kms across the South Island of New Zealand as a competitor in New Zealand's iconic Coast to Coast multisport event. Most recently, he has held a starring role in Dan Browns latest book Inferno as a consulting expert in art crime.

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Joris Kila, Senior Researcher at the University of Amsterdam
Joris D. Kila is researcher at the University of Vienna and reserve Lieutenant Colonel in the Dutch army. He holds degrees in art history and classical archaeology from Leiden University and a PhD in cultural sciences from the University of Amsterdam. In addition, he is board member of the World Association for the Protection of Tangible and Intangible Cultural Heritage in Times of Armed Conflict in Rome. He is a member of the Research Forum on the Law of Armed Conflict and Peace Operations in the Netherlands and a guest lecturer and researcher at the Netherlands Defence Academy. Joris Kila received the ARCA Award for Art Protection and Security in 2012. An update on Armed Conflict and Heritage

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Nicholas M. ODonnell, Partner with Sullivan & Worcester LLP

Nicholas M. ODonnell is a litigation partner at Sullivan & Worcester LLP in Boston and New York. His practice focuses primarily on complex civil litigation, with particular experience in the German-speaking world. He also represents collectors, dealers, artists and museums, and is the editor of The Art Law Report, which can be found at www.artlawreport.com American Wartime Art Restitution Litigation in the 1990s and BeyondHas it All Been Worth It? Litigation in the 1990s ignited an awareness of wartime art restitution for the first time in decades, and a belief that things had changed dramatically. Two cases solidified this perception: the Portrait of Wally affair, and the Supreme Courts retroactive application of the Foreign Sovereign Immunities Act to reinstate Maria Atlmanns claims against Austria. Those perceptions turned out to be illusory. While the FSIA has been applied broadly to confer jurisdiction, courts have consistently dismissed claims based on statutes of limitations. Whereas in the 1990s claimants could plausibly argue that they could not have known of their rights, the immense publicity received by this issue in the last 15 years now cuts against those very claimants arguments for being allowed to bring claims based on decades-old events. Moreover, if an object has been immunized from seizure by the State Department, victory does the plaintiff no good. Worse, the ongoing defiance by Russia to

return the Chabad library raises the very real possibility that no defendant would ever comply with an FSIA judgment again. This presentation will review the foregoing history, and look ahead to what future litigation, legislation, and diplomacy in the United States might look like.

*** Jerker Rydn, Senior Legal Advisor Royal Library of Sweden

Mr Rydn has wide responsibilities at Sweden's leading research institution. He is immediately involved in complex copyright developments in the European Union, and he has worked closely with assistant United States attorney Sharon Cohen Levin U.S. Attorney's Office for the Southern District of New York and the Federal Bureau of Investigation to help track and recover unique and valuable historical works that had been stolen from the library collections. He has been a judge, a lawyer in private practice, and a national delegate to international copyright proceedings as well as senior legal advisor of the National Heritage Board of Sweden. Skullduggery in the Stacks: Recovering stolen books for the Royal Library of Sweden

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16.00- 16.20 Coffee Break

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2013AwardRecipients
ARCA is pleased to announce the winners of its annual awards for 2013. ARCA presents four annual awards. Nominations are made by ARCA staff, trustees, and members of the editorial board of ARCAs peer-reviewed publication, The Journal of Art Crime. The winners are decided by a vote of the trustees, and are presented at the annual conference. ARCA Art Policing & Recovery Award Sharon Cohen Levin, Chief of the Asset Forfeiture Unit in the US Attorney's Office for the Southern District of New York Past winners have included: Vernon Rapley (2009), Charlie Hill (2010), Paolo Giorgio Ferri (2011), Ernst Schller (2012)
Sharon Cohen Levin is the Chief of the Asset Forfeiture Unit in the Criminal Division of the United States Attorneys Office for the Southern District of New York, where she has served as Chief since 1996. Under her guidance, the Asset Forfeiture Unit handles all criminal and civil forfeiture actions in the Southern District of New York. As the Chief of the Asset Forfeiture Unit, AUSA Levin pioneered the use of federal forfeiture laws to recover and return stolen art and cultural heritage property. The SDNY Asset Forfeiture Unit has initiated dozens of proceedings under the forfeiture laws -- seizing and returning artwork and cultural property to the persons and nations who rightfully own them. Notable examples include the forfeiture and repatriation of stolen paintings by Lavinia Fontana and Winslow Homer; drawings by Rembrandt and Duhrer; an Etruscan bronze statue dated circa 490 B.C. and an Ancient Hebrew Bible owned by the Jewish Community of Vienna and stolen during the Holocaust and most recently, a Tyrannosaurus Bataar skeleton looted from the Gobi desert in Mongolia. In 2001, AUSA Levin was awarded the Attorney Generals John Marshall Award for Outstanding Legal Achievement for Asset Forfeiture for her use of the federal forfeiture laws to recover and return stolen art and cultural heritage property. AUSA Levin was also awarded the Attorney Generals Asset Forfeiture Award in 2006, 2007 and 2010 for her work in the forfeiture of fraud proceeds and their restoration to victims. In 2009, she was awarded the Department of Justices National Asset Forfeiture Award for Sustained Exceptional Service by an Individual. In 2011, AUSA Levin received the Henry L. Stimson Medal presented to the Outstanding Assistant U.S. Attorney, Criminal Division, Southern District of New York. In addition, in 2011 she was awarded the Women in Federal Law Enforcement Outstanding Federal Law Enforcement Employee Award. In 2012, AUSA Levin was a recipient of the Immigration and Customs Enforcement Director's International Achievement Award for her contributions to Immigration and Customs Enforcements Cultural Property, Art and Antiquities Program.

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ARCA Art Protection & Security Award Christos Tsirogiannis, Archaeologist, Illicit antiquities researcher, University of Cambridge Past winners: Francesco Rutelli (2009), Dick Drent (2010), Lord Colin Renfrew (2011), Karl von Habsburg and Dr. Joris Kila, Jointly (2012)
Christos Tsirogiannis is a forensic archaeologist at the University of Cambridge, completing his Ph.D thesis on the International Illicit Antiquities Network (Unravelling the International Illicit Antiquities Network through the Robin Symes-Christos Michaelides archive and its international implications). As a Reserve Officer of the Greek Army, he discovered two Archaic period settlements and a Classical period cemetery, for which he has been decorated with the Army Commendation Award (2003). For other discoveries throughout his career (antiquities, fossils, weaponry) he received letters of appreciation from the Greek Ministry of Culture and the War Museum in Athens. His thesis is a result of his extensive experience as a forensic archaeologist at the Greek Ministry of Culture (1998-2002 and 2004-2008), the Greek Ministry of Justice (2006-2007) and as the only forensic archaeologist at the Greek police Art Squad (Home Office, 2004-2008, having participated in more than 173 investigations cases and raids). His participation in a 6-member core of the Greek Task Force contributed to the successful claim of looted and stolen antiquities from institutions and individuals, such as the Getty Museum (2007), as well as the Shelby White and Leon Levy collection and the Cahn Gallery in Switzerland (2008). Among many cases, he considers most memorable the raids at the summer residence of Dr Marion True (former curator of antiquities at the Getty Museum) and at the premises of the top illicit antiquities dealers in the world, Robin Symes-Christos Michaelides, in the Cyclades, where the famous archive was discovered. Over the last five years (2007-present), Tsirogiannis has been identifying looted and toxic antiquities at the most prominent auction houses (e.g., Christies, Sothebys and Bonhams) and galleries (e.g., Royal-Athena Galleries), as part of a project with the renowned academics Professor David Gill (University Campus Suffolk) and Dr Christopher Chippindale (University of Cambridge). Some of the results of his research have been already demonstrated in The Journal of Art Crime (Polaroids from the Medici Dossier: Continued Sightings on the Market, 2011:27-33, with Professor David Gill). This part of his research has contributed to the withdrawal of antiquities (e.g., Bonhams case, April 2010) and to the disclosure of many scandals in the field (e.g., Christies June 2010, April 2011, December 2011). Tsirogiannis primary aim is to notify governments to retrieve their stolen cultural property and to raise public awareness regarding antiquities trafficking, through media coverage of these cases.

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ARCA Art Crime Scholarship Award Duncan Chappell, Professor, Faculty of Law at the University of Sydney, Australia Past winners: Norman Palmer (2009), Larry Rothfield (2010), Neil Brodie (2011), Jason Felch and Ralph Frammolino, jointly (2012)
Duncan Chappell, an Australian lawyer and criminologist now based at the Faculty of Law at the University of Sydney, has had a long-standing interest in art crime which dates from the period during which he was the Director of the Australian Institute of Criminology (19871994). Since that time he has been engaged in research and publishing on a range of art crime topics but with a particular focus on patterns of illegal trafficking of objects of cultural heritage in the South East Asian region. Chappells publications include two co-edited texts- Crime in the Art and Antiquities World. Illegal Trafficking in Cultural Property (2011) Springer: New York (With Stefano Manacorda) and Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime (In Press) Ashgate: London (With Saskia Hufnagel). He has also had published a number of journal articles and book chapters on various aspects of art crime including fraud and fakery in the Australian Indigenous art market; the impact of corruption in the illicit trade in cultural property; and the linkages between art crime and organised crime. In addition to his research and writing on art crime Duncan Chappell has acted as an expert in regard to court proceedings involving art crime and also been a strong supporter of measures to enhance public awareness of the evils of looting behaviour and to strengthen the engagement of law enforcement agencies in investigation and prosecuting those responsible. In his present capacity as Chair of the International Advisory Board of the Australian Research Council Center of Excellence in Policing and Security he has sought to foster a far more proactive approach to the prevention and detection of art crime both in Australia and its neighbouring countries within the South East Asian region. ***

ARCA Lifetime Achievement Award Blanca Nio Norton, Consultant Petn Development Project for the conservation of the Maya Biosphere Reserve Past winners: Carabinieri TPC collectively (2009), Howard Spiegler (2010), John Merryman (2011), George H. O. Abungu (2012)
Blanca Nio Norton is the founding president of ICOMOS Guatemala and the former vice president of the ICOMOS Scientific Committee on Vernacular Architecture. She presently serves as a member of the Academic Advisory Committee of the Council of ICCROM, an intergovernmental organization (IGO) dedicated to the conservation of cultural heritage which exists to serve the international community as represented by its 132 Member States. Blanca Nio Norton is an architect and an advisor to the Guatemala Minister of Culture and a former member of the faculty of the School of Architecture of Francisco Marroquin University, Guatemala.

Ms. Nio Norton has coordinated and promoted workshops on a variety of cultural themes and lectured on topics in including vernacular architecture, intangible heritage and illicit trafficking of cultural property. Her interest in the latter led her to create the Illicit Traffic Unit in the Guatemala Ministry of Culture. Ms. Nio Norton consults on national and international cultural heritage projects and is a Project Officer for Cultural Programs at UNESCO Guatemala. She also works on conservation projects for independent collections and museums. Ms. Nio Norton was the recipient of the Getty Institute scholars program, during which she has focused her research and conservation guest scholar project on using documentation and inventory of cultural property as tools against illicit traffic of cultural heritage.

SundayJune23rd
9.15 11.00 Panel 4
Kirsten Hower is currently the academic program assistant for ARCAs summer certificate program. This is her third summer with ARCA. Her own research is focused on the movement of relics during the Carolingian era.

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Felicity Strong, PhD Candidate, University of Melbourne
Ms. Felicity Strong is a PhD candidate in her second year of research at the University of Melbourne, Australia. She has a Master of Art Curatorship and has worked in commercial galleries in Melbourne and London. Her PhD research is focused on discovering the extent to which perceptions of art forgery are influenced by depictions in cultural context, such as in literature, on screen and within an art museum environment.

The mythology of the art forger In the twentieth century, there has been the rise of depiction of the art forger in non-fiction biographies and memoir. Distinct from scholarly research, these depictions of individual art forgers have developed a common mythology, which weaves through each story of the art forger. The art forger is mythologised as a hero; the failed artist rallying against a corrupt art market, dominated by greedy art dealers and scholars. In Australian and British culture, this mythology has its roots in the wider mythology of hero criminal, such as in the stories of Robin Hood or Ned Kelly. It also feeds into a broader anti-intellectualism and mistrust of the establishment, particularly in contrast to the depiction of art curators and connoisseurs in the depictions. This mythology is evident in a number of biographies of notable forgers, such as Han van Meegeren and Elmyr de Hory, which intersect with the sub-genre of memoir, in the personal accounts of Tom Keating, Eric Hebborn and Ken Peryani. These accounts fuel the ability of the forgers to create their own public persona and feed into the wider mythology of the art forger. Analysis of non-fictional depictions of the art forger may offer an insight into why it is not considered as serious as other crimes and worthy of closer scrutiny by the broader community.

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Theodosia Latsi, MA in Global Criminology, Utrecht University
Theodosia Latsi has studied Sociology in Panteion University of Athens, Greece and has recently graduated from the master of Criminology at Utrecht University. She is Currently conducting research voluntarily for the Trafficking Culture Project and offers periodically assistance at CIROC (Centre for Information and Research on Organised Crime, Netherlands).

The Art of Stealing: The Case of Museum Thefts in the Netherlands

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Verity Algar, Art History Student, University College London

Verity is a second year B.A. History of Art student at University College London, where she minors in Anthropology. She is interested in the legal regulation of the art market and restitution cases, particularly those relating to wartime looting. This summer she is doing an internship with a London law firm and volunteering at her local Citizens Advice Bureau. In her spare time she enjoys singing a variety of music with Collegium Musicum, a London chamber choir.

Cultural memory and the restitution of cultural property: Comparing Nazi-looted art and Melanesian malanggan Using two disparate case studies claims for the restitution of artworks confiscated by the Nazis being lodged by Jewish families and concerns regarding the presence Melanesian malanggan in Western museum collections I will discuss the importance of collective, or cultural memory in the context of making decisions about whether to restitute objects. The two cases can be differentiated by the approach to social memory taken by the groups involved. Many Jewish people are keen to have their property returned to them, whereas the people of New Ireland do not want the malanggan, which they spent months carving, returned to them. I will discuss the problems that arise when legal definitions of ownership clash with cultural notions of property and illustrate this using Maria Altmanns successful restitution of five Klimt paintings from the Austrian government and the malanggan example. I will draw on the language of restitution claims and the display of Nazi-looted art at Israels Yad Vashem museum and will apply Appadurais theory that objects have social lives to overcome the dichotomy between the cultural value and monetary value of an object. I will conclude that cultural memory is a useful concept to apply to restitution claims. Its impact can vastly differ from case to case, as illustrated by the divergent attitudes to memory and cultural property in the Jewish and Melanesian case studies. Cultural memory needs to be defined on a culture-specific basis. The concept of cultural memory allows cultural objects to be part of the collective cultural memory of one group of people, whilst being legally owned by an individual.

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Alesia Koush, Foundation Romualdo Del Bianco-Life Beyond Tourism in Florence, MA Candidate at the University of Bologna under Prof. Luciano Carrino The Right to Culture

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11.20 13.00 Panel 5
Moderated by Derek Fincham

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Giulia Mezzi, PhD Candidate University of Reading
Born in Rome in 1984 and with a great passion for all things of Art and Art history, my future within international environments was first determined by attending the German School and then by an undergraduate education in Art History at one of the American universities in Rome. After a Masters degree in Cultural Heritage Management at the Pontifical Gregorian University (or in Italian: Pontificia Universit Gregoriana) and few years of working experiences in international organizations, exhibitions and galleries, I finally decided to begin the Ph.D. at University of Reading (UK) for which the Arts and Humanities Research Council awarded me with a full scholarship. Currently a third year doctoral candidate researching on

the origins of cultural heritage protection in post-unification Italy, my field of expertise comprises cultural heritage protection law and management at the national and international level that I combine with an endless adoration for Italian Renaissance Art. The origins of Cultural Heritage Protection in Italy, a historical survey This presentation aims to outline the thought and philosophy behind the modern concept of cultural heritage protection in Italy both in legal terms but also in the broader sense of the monuments material preservation. The first edicts concerning heritage protection appeared in the Papal States during the Early Renaissance. In a later stage, law shielding heritage from the damages of natural decay, war, plundering or illegal exportation became more sophisticated, especially during the 19th century with the historical processes of nation-formation, where monuments or works of art acquired the symbolic meaning of the countrys Volksgeist. The fundamental ideas present in those pioneering decrees are reflected in the contemporary international legislation and to this regard, I will attempt to highlight the growing awareness legal, social and political - of the value of cultural heritage that went beyond the territorial boundaries of the Italian peninsula.

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Carrie Johnson, JD Candidate South Texas College of Law
Carrie Johnson is a JD candidate at South Texas College of Law in Houston. She previously graduated from Texas A&M University with a Bachelor's degree in History and minors in Journalism and Anthropology.

Cultural Property in Crisis: Whose Burden is it?

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Cynthia Roholt, JD Candidate South Texas College of Law Human Remains: Permission and Plastination

13.00 Closing