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

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

Registration

Registration deadline

6 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 specialization 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

• Practitioners of the art and cultural heritage sector who want to enhance and update their knowledge and skills in response to the growing complexity of this sector
• Practitioners employed in other fields (including officials and/or professionals in the public and private sectors, members of staff of international organizations, foundations and NGOs, human rights defenders, lawyers and journalists) who want to shift their career trajectory toward the art and cultural heritage sector
• University students (post-graduate) who wish to gain a specialization 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: When the past meets the present: selected issues

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 cultural heritage 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

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

Description

Learning goals
Study the art market, itsdynamics 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

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

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)

9 December 2022
10 December 2022

Fee

800 CHF

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 there turn of objects or human remains 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

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

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 aadvanced 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, World Intellectual Property Organization (WIPO) and other bodies; be acquainted with the role played by new technologies and with the issue of cultural appropriation by the fashion industry.

Date(s)

12 May 2023
13 May 2023

Fee

800 CHF

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.).

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

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

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