Preventing Art Crime through Regulation: Executive Director Speaks on Intermediate Steps to Mitigate Outdated Heritage Protections
October 3, 2024
Antiquities Coalition joins leading heritage experts in Milan for UNESCO’s “Preventing art crimes through regulation and self-regulation. A partnership between public and private actors.”
In Milan, Executive Director Tess Davis complemented discussions on so-called “soft law” in the private sector with success stories from state initiatives from such international groups as the Association of Southeast Asian Nations (ASEAN), and the Group of 20 (G20), as well as examples of bilateral cooperation like the 2021 Manama Statement of Cooperation between the US and Bahrain to combat criminal misuse of the art and antiquities market.
Today, cultural heritage faces very different challenges than half-a-century ago, when much “hard law” was created. Unlike “hard lad,” “soft law” is not legally binding, and can include agreements, principles, declarations, statements, recommendations, guidelines, standards, and other instruments used by states and international organizations.
Expanding economies globally continually grow international demand for ancient art. At the same time, trade—both legal and illegal—increases. Technological advances such as overnight global shipping, social media, and money transfer apps provide accessible outlets for easy, immediate, and anonymous exchange of cultural materials in the international market.
In this new digital age, many of the legal frameworks conceived in the mid-20th century to prevent crimes involving art and antiquities fall short. Presenters in Milan recalled Jeffrey Robinson’s remarks on “The Globalization of Crime”:
“As long as we live in a world where a sovereignty philosophy from the 17th century is reinforced by a legal system conceived in the 18th century, based upon a conception of the fight against crime from the 19th century, which is still trying to come to terms with 20th century technology, the 21st century will belong to international criminals.”
The legal change necessary to meet 21st century challenges is arduous and will take time. However, soft law offers tools to mitigate crime in the interim. Although soft law mechanisms between state parties are less binding than treaties, they are often more inclusive, more efficient, and include stronger language, demonstrating political will, establishing priorities, and endorsing best practices to new audiences.
Speakers affirmed how soft law tools can raise awareness of these criminal threats. Still, persistent cases of high stakes global art crime, carried out by oligarchs and terrorist financiers show the limitations of soft law and self-regulation. Ultimately, both soft law and legal conventions are needed to strengthen law enforcement and support judicial action to hold criminals accountable for dangerous crimes made possible by the globalized art market.
Learn more about the conference here.
Explore the potential of soft law mechanisms in our report, Roadmap for the G20 to Combat the Illicit Trade in Cultural Objects.