Centre du droit de l'art
https://plone.unige.ch/art-adr
Dancing Shiva Statue – India and National Gallery of Australia
https://plone.unige.ch/art-adr/cases-affaires/dancing-shiva-statue-2013-india-and-national-gallery-of-australia
In 2006, New York art dealer Subhash Kapoor arranged the theft and illegal exportation of a 900-year old bronze statue of the Dancing Shiva from a small temple in Southern India. In 2008, the National Gallery of Australia bought the statue for AUD$5.6 million.No publisherSettlement agreement/accord transactionnelPost 1970 restitution claims/demandes de restitution post 1970DeaccessionNegotiation/négociationSubhash KapoorIndia/IndeAntiquity/antiquitésDue diligenceUnconditional restitution/restitution sans conditionOwnership/propriétéIllicit exportation/exportation illiciteCriminal offence/infraction pénaleDiplomatic channel/voie diplomatiqueNational Gallery of Australia2015/02/16 18:55:00 GMT+1PageBeneventan Missal – Metropolitan Chapter of the Cathedral City of Benevento and British Library
https://plone.unige.ch/art-adr/cases-affaires/beneventan-missal-2013-metropolitan-chapter-of-the-cathedral-city-of-benevento-and-british-library
On 11 November 2010, a 12th Century manuscript, also known as the “Beneventan Missal”, was returned to the Metropolitan Chapter of the Cathedral City of Benevento, in Italy. The Missal disappeared in 1943 when the city was occupied by the Allied forces during World War II.No publisherDeaccessionStatute of limitation/prescriptionSpoils of war/butins de guerreDue diligenceMetropolitan Chapter of the Cathedral City of BeneventoArtwork/oeuvre d’artUnconditional restitution/restitution sans conditionBritish LibraryInstitutional facilitator/facilitateur institutionnelConciliationSpoliation Advisory Panel (UK)2014/07/15 14:55:00 GMT+1PageInakayal Human Remains – Argentina, Museo de La Plata and Tehuelche People
https://plone.unige.ch/art-adr/cases-affaires/inakayal-human-remains-2013-argentina-museo-de-la-plata-and-tehuelche-people
Inakayal was a leader of the Tehuelche people, a native tribe of Patagonia (Argentina). In 1884, he was captured by the Argentinian army. After his death in 1888 his remains became part of the collection of the Museo de La Plata.No publisherOwnership/propriétéHuman remains/restes humainsDeaccessionUnconditional restitution/restitution sans conditionTehuelche PeopleDiplomatic channel/voie diplomatiquePost 1970 restitution claims/demandes de restitution post 1970Argentina/ArgentineMuseo de La Plata2013/04/25 09:45:00 GMT+1PageSarah Baartman – France and South Africa
https://plone.unige.ch/art-adr/cases-affaires/sarah-baartman-2013-france-and-south-africa
Sarah Baartman, a South African woman of Khoisan origin, also known as the “Hottentot Venus”, was exhibited as a freak show attraction in London and Paris in the 19th century. When she died, her body was dissected and her remains were exposed at the National Museum of Natural History in Paris.No publisherDeaccessionFranceHuman remains/restes humainsDiplomatic channel/voie diplomatiqueColonialism/colonialismeUnconditional restitution/restitution sans conditionSouth Africa/Afrique du SudInalienability/inaliénabilité2013/04/02 14:35:00 GMT+1Page17 Tasmanian Human Remains – Tasmanian Aboriginal Centre and Natural History Museum London
https://plone.unige.ch/art-adr/cases-affaires/17-tasmanian-human-remains-2013-tasmanian-aboriginal-centre-and-natural-history-museum-london
Since the 1980s, the Tasmanian Aboriginal Centre has made several requests to the Londoner Natural History Museum for the return of 17 Aboriginal human remains held in the collection of the Museum. When their dispute was brought to the Londoner High Court, the court’s judge suggested proceeding by mediation. The dispute was ultimately settled by a mediated agreement, which provided for the dismissal of the legal proceedings and for the repatriation of the remains to Tasmania.No publisherDeaccessionConditional restitution/restitution sous conditionTasmanian Aboriginal CentreJudicial claim/action en justiceColonialism/colonialismeNatural History Museum LondonMediation/médiationSettlement agreement/accord transactionnelHuman remains/restes humains2013/03/26 17:55:00 GMT+1PageWeary Herakles – Turkey and Museum of Fine Arts Boston
https://plone.unige.ch/art-adr/cases-affaires/weary-herakles-2013-turkey-and-museum-of-fine-arts-boston
The “Weary Herakles” is a Roman marble statue that was excavated in 1980 in Perge, Turkey. In 1981, the Museum of Fine Arts Boston acquired a half-interest in the upper part of the sculpture, while the other half-interest was owned by collectors Leon Levy and Shelby White.No publisherDeaccessionMuseum of Fine Arts BostonSettlement agreement/accord transactionnelAntalya MuseumIllicit exportation/exportation illiciteArchaeological object/objet archéologiqueDiplomatic channel/voie diplomatiqueUnconditional restitution/restitution sans conditionNegotiation/négociationIllicit excavation/fouille illicitePost 1970 restitution claims/demandes de restitution post 1970Ownership/propriétéTurkey/Turquie2013/02/23 16:45:00 GMT+1PageVenus of Cyrene – Italy and Libya
https://plone.unige.ch/art-adr/cases-affaires/venus-of-cyrene-2013-italy-and-libya
In 1913, Italian soldiers deployed at Cyrene, Libya, found a headless marble sculpture, commonly known today as the “Venus of Cyrene”. In 1915, the statue was shipped to Italy, where it was placed on display in the Museo Nazionale delle Terme of Rome.No publisherDeaccessionJudicial decision/décision judiciaireState responsibility/responsabilité internationale des EtatsItaly/ItalieArchaeological object/objet archéologiqueJudicial claim/action en justiceColonialism/colonialismeUnconditional restitution/restitution sans conditionNegotiation/négociationLibya/LibyeSettlement agreement/accord transactionnelInalienability/inaliénabilité2013/02/20 17:10:00 GMT+1PagePâté de Jambon – Anonymous German Heirs and Glasgow City Council
https://plone.unige.ch/art-adr/cases-affaires/pate-de-jambon-2013-anonymous-german-heirs-and-glasgow-city-council
“Pâté de Jambon”, a painting by Jean-Baptiste-Siméon Chardin, was the object of a forced sale in 1936. The owners, the Jewish shareholders of an art gallery, were forced to sell the artwork to meet an unfair Nazi tax demand.No publisherNazi looted art/spoliations naziesOwnership/propriétéDeaccessionDue diligenceNegotiation/négociationAnonymous German HeirsSettlement agreement/accord transactionnelConciliationGlasgow City CouncilEx gratia payment/versement à titre gracieux2013/02/20 15:45:00 GMT+1PageFour Old Master Drawings – Feldmann Heirs and the British Museum
https://plone.unige.ch/art-adr/cases-affaires/case-4-old-master-drawings-2013-feldmann-heirs-and-the-british-museum
In May of 2002, the British Museum was confronted with a restitution claim by the heirs of the Second World War victim, Arthur Feldmann, regarding four Old Master drawings. The Commission of Looted Art Europe, who represented the claimant, and the British Museum, jointly sought guidance from the Spoliation Advisory Panel. After deferral of the Attorney General, the High Court held that under the British Museum Act the Museum could not restitute an object in order to meet a moral obligation without an Act of Parliament. Eventually, the British Museum followed the recommendation of the Spoliation Advisory Panel and compensated the family with an ex gratia payment.No publisherDeaccessionArtwork/oeuvre d’artInstitutional facilitator/facilitateur institutionnelEx gratia payment/versement à titre gracieuxJudicial claim/action en justiceArthur FeldmannNegotiation/négociationSettlement agreement/accord transactionnelBritish Museum2012/11/12 15:45:00 GMT+1Page