Today Italy’s Corte di Cassazione will hear the Getty’s appeal in the dispute over this “Bronze Statue of a Victorious Youth”. The Bronze was acquired by the Getty in 1977, and has been a cornerstone of its collection. But in 2007 a new seizure suit was brought in Pesaro. The most recent ruling ordered the Bronze seized, wherever it is located.
The question then must be, if the High Court in Rome upholds the seizure, will an American court enforce it? I wrote an essay titled “Transnational Forfeiture of the Getty Bronze“, soon to be published in the Cardozo Art & Entertainment Law Journal, examining this question.
My conclusion is that yes, the Mutual Legal Assistance Treaty between the United States and Italy, in conjunction with U.S. law, does provide for U.S. assistance in an American court. The law in question, 28 U.S.C. § 2467, provides a framework for enforcing these foreign orders. But the Office of International Affairs in the State Department still has discretion in determining whether to bring suit to help enforce these foreign orders. The only guidance given in the law is to let the “interest of Justice” guide the decision made by the official. The Getty no doubt will be arguing today in Rome in the hopes that the case ends today before Italy inevitably requests assistance from the State Department.
The conference, Restitution and Repatriation: The Return of Cultural Objects Symposium will be held at DePaul University College of Law in Chicago on Thursday, November 14, 2013. The program will address the underlying legal, ethical and moral reasons and policies behind the return of cultural objects. Panels will discuss provenance research, museum acquisitions, historical appropriations, and the ethical issues that come into play when requests for repatriation are made.
Our Featured Lecturer will be Jack Trope, Executive Director of the Association on American Indian Affairs. Other speakers include: Lori Breslauer, Acting General Counsel of the Field Museum of Natural History; Steve Nash, Chair of the Department of Anthropology and Curator of Archaeology at the Denver Museum of Nature and Science; Rebecca Tsosie, a Willard H. Pedrick Distinguished Research Scholar and Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University; Richard M. Leventhal, the Director of the Penn Cultural Heritage Center; Charles Brian Rose, a James B. Pritchard Professor of Mediterranean Archaeology in the Department of Classical Studies and Curator-in-Charge of the Mediterranean Section of the Penn Museum; Marc-André Renold, Director of the Art-Law Centre at the University of Geneva; Frank Lord, an associate at Herrick Feinstein LLP; Thomas R. Kline, Of Counsel in the Washington, D.C. office of Andrews Kurth LLP; and Simon Frankel, a partner at Covington & Burling LLP, as well as several other leaders in the art, museum, and cultural heritage fields.
Be sure to check out the events page for this and other heritage events coming up, or to alert me about upcoming conferences.