Greece reported to be seeking International Justice for the Parthenon

The Ilissos sculpture, on display in London, originally adorned the Parthenon
The Ilissos sculpture, on display in London, originally adorned the Parthenon

With 2016 marking the 200th anniversary of the acquisition of the Parthenon sculptures by Parliament from Lord Elgin, there will likely be a lot of attention paid to the long-running dispute. The Guardian reported yesterday on a legal summary authored by Geoffrey Robertson, Norman Palmer, and Amal Clooney. The possibility of bringing a claim before the ICJ, raising public support, and continuing to generate goodwill towards reunification of the monument in Athens are the major themes of the 141 page summary, available via the Guardian. But the major focus of the claim now seems to be a call for justice for the sculptures, an argument I’ve made as well building on the well-established principle of environmental justice.

The reporting by Helena Smith focuses on the work by advocates in Athens:

As campaigners prepare to mark the 200th anniversary of the antiquities’ “captivity” in London, Athens is working at forging alliances that would further empower its longstanding battle to retrieve the sculptures.

“We are trying to develop alliances which we hope would eventually lead to an international body like the United Nations to come with us against the British Museum,” the country’s culture minister, Aristides Baltas, revealed in an interview.

“If the UN represents all nations of the world and all nations of the world say ‘the marbles should be returned’ then we’ll go to court because the British Museum would be against humanity,” he said. “We do not regard the Parthenon as exclusively Greek but rather as a heritage of humanity.”

But the politician admitted there was always the risk of courts issuing a negative verdict that would wreck Athens’ chances of having the artworks reunited with the magnificent monument they once adorned.

“Courts do not by definition regard [any] issue at the level of history or morality or humanity-at-large. They look at the laws,” said Baltas, an academic and philosopher who played a pivotal role in founding Syriza, Greece’s governing leftist party. “As there are no hard and fast rules regarding the issue of returning treasures taken away from various countries, there is no indisputable legal basis.”

Helena Smith, Greece Looks to International Justice to Regain Parthenon Marbles from UK, The Guardian, May 8, 2016, http://www.theguardian.com/artanddesign/2016/may/08/greece-international-justice-regain-parthenon-marbles-uk.
Derek Fincham, The Parthenon Sculptures and Cultural Justice, 23 Fordham Intellectual Property, Media & Entertainment Law Journal 943 (2013).
Christopher Hitchens, A Home for the Marbles, The New York Times, Jun. 19, 2009, http://www.nytimes.com/2009/06/19/opinion/19iht-edhitchens.html.
Michael Kimmelman, Elgin Marble Argument in a New Light, The New York Times, Jun. 24, 2009, http://www.nytimes.com/2009/06/24/arts/design/24abroad.html.
John Henry Merryman, Whither the Elgin Marbles, in Imperialism, art and restitution 98 (Cambridge Univ Pr 2006).
David Rudenstine, Lord Elgin and the Ottomans: The Question of Permission, 23 Cardozo L. Rev. 449 (2001).

Best of luck to teams competing at the Cultural Heritage Moot Court Competition

Alexander Calder's 'Flamingo'
Alexander Calder’s ‘Flamingo’

Best of luck to the teams competing this weekend at the national cultural heritage moot court competition in Chicago. The competition is run by DePaul’s moot court society and the Lawyer’s Committee for Cultural Heritage Competition.

Given that 2016 marks the 200th anniversary of Parliament’s decision to purchase the sculptures from Lord Elgin, it is apt that this years problems deals with two issues over whether a U.S. Court would have jurisdiction and should hear a suit between the British Museum and the Acropolis Museum.

Co-sponsored by the Lawyers’ Committee for Cultural Heritage Preservation, the National Cultural Heritage Law ​Moot Court Competition is the only moot court competition in the world that focuses exclusively on cultural heritage law issues. The Competition provides students with the opportunity to advocate in the nuanced landscape of cultural heritage, which addresses our past and our identity, and which has frequently become the subject of contentious legal debates and policies. This dynamic and growing legal field deals with the issues that arise as our society comes to appreciate the important symbolic, historical and emotional role that cultural heritage plays in our lives. It encompasses several disparate areas: protection of archaeological sites; preservation of historic structures and the built environment; preservation of and respect for both tangible and intangible indigenous cultural heritage; the international market in art works and antiquities; and recovery of stolen art works.

Registration Open for DePaul’s Cultural Heritage Law Competition

The Ilissos sculpture, on display in London, originally adorned the Parthenon
The Ilissos sculpture, on display in London, originally adorned the Parthenon

Applications are now open for the terrific Cultural Heritage Moot Court competition. This is a very well-run competition, and a lot of fun every year: Continue reading “Registration Open for DePaul’s Cultural Heritage Law Competition”

Vadi on Global Cultural Governance

The Old Town Cathedral, Vilnius, Lithuania
Does a parking garage belong under this?The Old Town Cathedral, Vilnius, Lithuania

Valentina Vadi, a reader in Law at Lancaster University has published an article in the Boston University International Law Journal titled “Global Cultural Governance by the Investment Arbitral Tribunals: The Making of a Lex Administrativa Culturalis“. It highlights some interesting contradictions between the promotion of cultural heritage and the legal constraints of international investment law.

From the Abstract:

The protection of cultural heritage is a fundamental public interest,closely connected to fundamental human rights and deemed to be among the best guarantees of international peace and security. Economic globalization has spurred a more intense dialogue and interaction among nations, potentially promoting cultural diversity. However, this phenomenon may also jeopardize cultural heritage. Foreign direct investments in the extraction of natural resources have the ultimate capacity to change cultural landscapes and erase memories. Foreign investment in cultural industries can induce cultural homogenization. However, international investment law constitutes a legally binding and highly effective regime that requires that states promote and facilitate foreign direct investment. Does the existing legal framework adequately protect cultural heritage vis-à-vis economic globalization? This Article investigates the distinct interplay between the promotion of foreign direct investment and the protection of cultural heritage in international law, addressing the question of whether a lex administrativa culturalis, or cultural administrative law, has emerged. In particular, this Article questions whether international investment law and arbitration can be a tool for enforcing international cultural law and whether arbitral tribunals can promote good and effective cultural governance.