CAS International Cultural Heritage Law 2022
PeriodJanuary 2022 - June 2023
Registration deadline13 December 2021
- 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
• 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
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
Prof. Marc-André RENOLD, Centre de droit de l'art, Faculty of Law, University of Geneva
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.
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.
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.
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.
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.
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).
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.
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.
Module 5 | International Cultural Heritage Law and the cultural objects removed in connection with mass-atrocity crimes
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.
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.
Explore the relationship between cultural heritage and human rights and examine the meaning and content of the human rights rules applicable to cultural heritage.
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.
Explore the relationship between cultural heritage, on the one hand, and intellectual property law and innovative technologies, on the other.
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.
Examine and discuss existing methods of dispute settlement and learn from the relevant practice.
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).
Blended learning : face-to-face teaching and distance-learning activities. Full online participation is possible.
- 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.
- 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
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
Yaniv Benhamou, 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, Professor, University of Brussels Saint-Louis
Nikola Doll, Head of provenance Research, Kunst Museum Bern
Frédéric Epitaux, Attorney-at-law
Juan Fabuel, Interdisciplinary artist
Justine Ferland, Legal Expert, WIPO Arbitration and Mediation Center, WIPO
Derek Fincham, Professor, 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
Anthony Masure, Professor, Haute école d’art et de design of Geneva (HEAD)
Anastassia Nikolova, Young Expert, World Intellectual Property Organization (WIPO)
Riccardo Pavoni, Professor, University of Siena
Robert Peters, Senior Legal Expert, German Government
Francesco Romani, Legal Expert, 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
Andrea Wallace, Professor, University of Exeter
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
Daphne Zografos Johnsson, Senior Legal Officer, World Intellectual Property Organization (WIPO)