The Illicit Trade in Art and Antiquities
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This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.
Smith, Ian: - "Ian Smith works across a spectrum of commercial fraud, cyber fraud and misconduct cases. He represents clients in the civil and criminal courts, acting for both victims and accused persons. Most of his cases are large-scale international proceedings involving asset tracing in a number of jurisdictions. He has a specialist regulatory law practice, advising law firms, City institutions, professional services and property firms. He advises in relation to anti-money laundering, counter terrorist finance, financial sanctions, anti-corruption and anti-tax evasion facilitation. Ian also lead-edits and co-authors the practitioners' text Asset Recovery: Criminal Confiscation and Civil Recovery (Oxford University Press). He is the Immediate Past President of VOCAL - the Victims of Crime Association of Lawyers. He was a founding member of the Proceeds of Crime Lawyers Association and is a former Secretary of the European Criminal Bar Association."
Ulph, Janet: - Janet Ulph is Professor of Commercial Law at the University of Leicester and the main author of Commercial Fraud: Civil Liability, Human Rights, and Money Laundering (Oxford University Press, 2006).
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