Law

CAS International Cultural Heritage Law 2022

This CAS is a unique programme organised by the Art-Law Centre of the University of Geneva aiming at developing awareness and high-level understanding of the substantive themes of international cultural heritage law through a modern and dynamic problem-based learning method.

Information

Period

January 2022 - June 2023
15 ECTS credits
113 Teaching hours

Language

English

Format

Blended learning

Contact

Dr Alessandro CHECHI
Art-Law Centre, Faculty of Law
+41 (0)22 379 80 41
alessandro.chechi(at)unige.ch

Location

University of Geneva, Uni Mail – Faculté de droit

Registration

Registration deadline

13 December 2021

Fees:

CHF 6000.-

Contribution to the SDGs

Goal 8: Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all Goal 11: Make cities and human settlements inclusive, safe, resilient and sustainable Goal 16: Promote peaceful and inclusive societies for sustainable development

Objectives

  • Gain a specialisation in international cultural heritage law with a unique programme organized and taught by the specialists of the Art-Law Centre and of the UNESCO Chair in the International Law of the Protection of Cultural Heritage of the University of Geneva
  • Develop a high-level and critical understanding of the legal, political and philosophical considerations underpinning international cultural heritage law through a modern and dynamic problem-based learning method
  • Meet and learn from leading practitioners, experts and academics from all over the world
  • Acquire the skills to gain employment in the art and cultural heritage sector or other related areas

Audience

• Practitioner of the art and cultural heritage sector who wants to enhance and update his knowledge and skills in response to the growing complexity of this sector
• Practitioner employed in other fields (including official and/or professional in the public and private sectors, member of staff of international organisations, foundations and NGOs, human rights defenders, lawyers and journalists) who want to shift their career trajectory toward the art and cultural heritage sector
• University student (post-graduate) who wishes to gain a specialisation in order to start a career in the art and cultural heritage sector

Programme

First semester - January-May 2022

  • Module 1: Art and cultural heritage: foundational aspects
  • Module 2: The art market: a legal perspective

Second semester - September-December 2022

  • Module 3: International cultural heritage law and the illicit trade
  • Module 4: Cultural heritage in danger
  • Module 5: Cultural heritage law and the cultural objects removed in connection with mass-atrocity crimes

Third semester - January-May 2023

  • Module 6: Cultural heritage and human rights law
  • Module 7: Cultural heritage and intellectual property law
  • Module 8: The settlement of disputes

Director(s)

Prof. Marc-André RENOLD, Centre de droit de l'art, Faculty of Law, University of Geneva

Coordinator(s)

Dr Alessandro CHECHI, University of Geneva

Date(s)

14 January 2022
15 January 2022
18 March 2022

Fee

800 CHF

Speakers

Giuditta Giardini, Federico Lenzerini, Isabelle Tassignon, Mathilde Heaton, Boris Wastiau, Patrizia Birchler-Emery, Lorenz Baumer, Nikola Doll, Lucas Lixinski.

Description

Learning goals
Identify and discuss the role of the different actors of the art and cultural heritage sector as well as the problems, challenges and risks faced by such actors.

Learning outcomes
Learn the history of International Cultural Heritage Law and the key definitions; develop a critical understanding of the role, interests, objectives and activities of the different actors of the art and cultural heritage sector; exhibit the capacity to identify the problems, challenges and risks faced by the actors of the art and cultural heritage sector; be acquainted with the intersections of cultural heritage law with other fields, including environmental law, climate change law, disaster law and sustainable development; engage on the controversy around the removal of “offending” monuments and symbols and with the issue of corporate global responsibility; evidence a high-level understanding of cultural diplomacy through the study of the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage of 1972.

Date(s)

19 March 2022
6 May 2022
7 May 2022

Fee

800 CHF

Speakers

Anne Laure Bandle, Anne-Claire Bisch, Jan Blanc, Frédéric Epitaux, Philippe Fischer, Sandrine Giroud, Julia Anne Xoudis.

Description

Learning goals
Study the art market, its dynamics and the legal rules relating to transactions involving art objects; demonstrate some of the realities of working in the art industry.

Learning outcomes
Learn about the development of the art market and today’s market practices; be acquainted with the legal issues that arise when acquiring and/or selling art – but also when lending, borrowing, donating, disposing of and giving away art objects; gain insight into the legal framework regulating national and international art markets; gain the knowledge to apply legal rules and best practices to the issues that frequently arise in the art market; acquire the capacity to identify the specific legal risks and safeguards that underpin all art transactions; gain a deep understanding of contract and taxation regimes, property rules, questions about attribution, provenance and forgeries, and the liabilities of experts, auction houses and galleries.

Date(s)

9 September 2022
10 September 2022
14 October 2022

Fee

800 CHF

Speakers

Mariano Aznar, Derek Fincham, Manlio Frigo, Giuditta Giardini, Vincent Négri, Robert Peters, Emiline Smith, Ece Velioglu Yildizci.

Description

Learning goals
Examine and discuss the components and dynamics of the illicit trade in cultural objects; study the legal framework that has been established to prevent and fight the illicit trade in cultural objects.

Learning outcomes
Gain a high-level understanding of the components and dynamics of the illicit trade in cultural objects, including the crimes that art professionals might commit or fall victim to when dealing in art or antiquities; develop a critical understanding of the international legal instruments adopted to protect cultural objects as well as to prevent and fight the illicit trade (including the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970, the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the Council of Europe Convention on Offences relating to Cultural Property of 2017, as well as the legal instruments adopted by the United Nations and the European Union); evidence an advanced understanding of the impact of international conventions on the trade in cultural objects and of the interaction between national and international institutions and regulations;  learn about the application of instruments onorganised crime and money laundering to the trade in cultural objects; be acquainted with the legislation of the most relevant jurisdictions (including France, Germany, Italy, Switzerland, United Kingdom and the United States).

Date(s)

15 October 2022
11 November 2022
12 November 2022

Fee

800 CHF

Speakers

Hirad Abtahi, Pascal Bongard, Samer Abdel Ghafour, Kristin Hausler, Riccardo Pavoni, Francesco Romani, David Sassine.

Description

Learning goals
Study the legal framework established to protect cultural objects in the event of armed conflicts and to punish the offences relating to cultural objects committed in wartimes.

Learning outcomes
Gain a high-level understanding of the specialised legal framework for the protection of cultural objects in the event of armed conflicts (notably the Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and its two protocols), as well as of the relevant rules of international humanitarian law and international human rights law; analyze real-life scenarios to draw legally-sound conclusions on the applicability of existing legal instruments; engage on key contemporary legal issues, including issues of State responsibility, individual criminal responsibility (in light of the case law of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court), the role of international organizations (including the United Nations Security Council and the North Atlantic Treaty Organization), the doctrine of the Responsibility to Protect, reparation and transitional justice.

Date(s)

2 December 2022
3 December 2022

Fee

800 CHF

Speakers

Marie-Sophie de Clippele, Andrzej Jakubowski, Irina Tarsis, Matthias Weller.

Description

Learning goals
Examine and discuss the legal, ethical and policy questions raised by cultural objects and human remains removed in the past inconnection with large-scale mass atrocities.

Learning outcomes
Gain a comprehensive understanding of the political, legal and ethical questions raised by Holocaust-tainted art, colonial cultural objects and human remains; demonstrate a highly developed ability to reflect on the state of the law in relation to claims for the return of objects or human remains removed in the past in connection with atrocious crimes; develop an understanding of the work of non-judicial bodies established to deal with claims for the return of cultural objects and human remains.

Date(s)

13 January 2023
14 January 2023

Fee

800 CHF

Speakers

Federico Lenzerini, Lucas Lixinski, Alexandra Xanthaki.

Description

Learning goals
Explore the relationship between cultural heritage and human rights and examine the meaning and content of the human rights rules applicable to cultural heritage.

Learning outcomes
Gain a deep understanding of the relationship between cultural heritage and human rights and of the relevant legal instruments and soft-law rules that have been adopted in this sector (such as the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage of 2003, the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005, the UNESCO Universal Declaration on Cultural Diversity of 2001, and the United Nations Declaration on the Rights of Indigenous Peoples of 2007); learn about the notion of cultural human rights and its evolution and elaboration; be acquainted about the conflicts between human rights and cultural heritage, especially those involving gender-based violence, and the notion of cultural relativism.

Date(s)

17 March 2023
18 March 2023

Fee

800 CHF

Speakers

Yaniv Benhamou.

Description

Learning goals
Explore the relationship between cultural heritage, on the one hand, and intellectual property law and innovative technologies, on the other.

Learning  outcomes
Learn what museums, galleries, art market professionals and artists have to know about intellectual property rights; gain an advanced understanding of what is copyright and how it affects the management of works of art; learn or improve the knowledge in the legal and policy instruments adopted by UNESCO, the World Intellectual Property Organization (WIPO) and other international bodies in order to protect the Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) belonging to a given, group, people or nation; be acquainted with the role played by new technologies and with the issue of cultural appropriation by the fashion industry; develop an understanding of the different tools that intellectual property can offer to protect TK and TCE.

Date(s)

12 May 2023
13 May 2023

Fee

800 CHF

Speakers

Manlio Frigo, Justine Ferland.

Description

Learning goals
Examine and discuss existing methods of dispute settlement and learn from the relevant practice.

Learning outcomes
Gain strategic insight on how to deal with and resolve art and cultural objects-related cases; develop a critical understanding of the national laws that may have an impact on the resolution of disputes, including private international law rules and anti-seizure laws; learn essential skills from renowned practitioners on how to be successful in complex art and cultural objects-related cases; experience the multi-faceted nature of cultural objects-related cases through a thorough examination of the practice of national courts and international tribunals, including arbitral tribunals (such as the arbitral tribunals created under the International Centre for Settlement of Investment Disputes (ICSID)); develop a broad range of legal and research skills (case analysis, problem solving, advocacy).

Assessment

Participants shall be evaluated based on a written essay for each module. Each written assignment shall be no longer than 3,000 words (excluding table of contents, foot notes and bibliography) and shall be submitted at the end of each semester.

Pedagogical method

Blended learning : face-to-face teaching and distance-learning activities. Full online participation is possible.

Admission criteria

Candidates shall:

  • Hold a Master’s or a Bachelor’s degree in law from a University, a Master’s or a Bachelor’s degree in law from a University of Applied Sciences (HES), or a degree deemed equivalent and recognised by the University of Geneva; 
  • Exhibit their interest in participating in the CAS; and
  • Have a sound command of English; candidates who are not native English speakers must be able to show that their English language ability is of a high enough standard to successfully engage with and complete the course via a recognised test (IELTS, TOEFL, etc.) or one or more degrees obtained following the completion of programmes taught in English.

Scientific committee

  • Prof. Marc-André Renold, Faculty of Law, Art-Law Centre, University of Geneva; UNESCO Chair in the International Law of the Protection of Cultural Heritage
  • Marina Schneider, Principal Legal Officer & Treaty Depositary, International Institute for the Unification of Private Law (UNIDROIT)
  • Dr Alessandro Chechi, Senior researcher and teaching assistant, Faculty of Law, Art-Law Centre, University of Geneva

Schedule

Courses will be held on Fridays and Saturdays, from 10h to 17h (including breaks), with a few exceptions as to the time.

Hirad Abtahi, Legal Adviser, International Criminal Court

Mariano Aznar Gomez, Professor, University Jaume I

Anne Laure Bandle, Attorney-at-law and Lecturer, University of Geneva

Lorenz Baumer, Professor, University of Geneva

Patrizia Birchler-Emery, Lecturer, University of Geneva

Anne-Claire Bisch, General manager, Geneva Free Port

Jan Blanc, Professor, University of Geneva

Pascal Bongard, Graduate Institute of International and Development Studies (IHEID)

Marie-Sophie de Clippele, University of Brussels Saint-Louis

Nikola Doll, Head of provenance Research, Kunst Museum Bern

Frédéric Epitaux, Attorney-at-law

Justine Ferland, WIPO Arbitration and Mediation Center, WIPO

Derek Fincham, South Texas College of Law Houston

Philippe Fischer, Attorney-at-law

Manlio Frigo, Professor, University of Milano

Samer Abdel Ghafour, cultural heritage specialist

Giuditta Giardini, Consultant, New York County District Attorney's Office, New York

Sandrine Giroud, Attorney-at-law

Kristin Hausler, British Institute of International and Comparative Law

Mathilde Heaton, Legal Counsel, Phillips auctioneers

Andrzej Jakubowski, Professor, Opole University and University of Warsaw

Federico Lenzerini, Professor, University of Siena

Lucas Lixinski, Professor, University of New South Wales

Riccardo Pavoni, Professor, University of Siena

Robert Peters, German Government

Francesco Romani, Geneva Academy of International Humanitarian Law and Human Rights

David Sassine, project manager, ALIPH (International alliance for the protection of heritage in conflict areas)

Emiline Smith, Lecturer, University of Glasgow

Irina Tarsis, Attorney, and founder and managing director of the Center for Art Law

Isabelle Tassignon, Curator, Fondation Gandur pour l'Art

Ece Velioglu Yildizci, University of Geneva

Boris Wastiau, Director, Musée d'ethnographie de Genève

Matthias Weller, Professor, University of Bonn

Alexandra Xanthaki, Professor, Brunel University, and UN Special Rapporteur in the Field of Cultural Rights

Julia Anne Xoudis, Professor, University of Geneva

 

 

 

Contribution to the SDGs

Goal 8: Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all Goal 11: Make cities and human settlements inclusive, safe, resilient and sustainable Goal 16: Promote peaceful and inclusive societies for sustainable development

Les termes utilisés pour désigner des personnes sont pris au sens générique; ils ont à la fois la valeur d'un masculin et d'un féminin.