Ethical Challenges in Art Markets

Introduction

The chosen topic for the essay is: “What effect has the introduction of ethical principles and codes had on art markets since 1970? To what extent have these developed into laws?” The chosen topic involves the discussion on the impact of ethical principles and codes into the making of the law related to Art Markets. Therefore, the essay will involve the use of inter-disciplinary approach. The essay will use both primary and secondary sources for the purpose of evolving and answering the principle arguments and thesis of the essay.

Structure of the essay

The tentative structure of the essay is as follows:

Introduction – The background of the Art markets and the development of related ethical principles since 1970 are discussed in this section. In particular, the rise of international cultural law is discussed here as it is this area of international law that has seen the most interaction with Art and Art markets.

Cultural Property: Meaning and scope – The definition of cultural property is important here because the post 1970 developments on the codification of ethical principles related to Art have actually happened in the context of cultural property.

Ethical Issues in the Art Markets – Some of the important ethical issues that are involved here relate to stolen artefacts, Colonial art that has been taken away by the colonisers, etc.

UNESCO Convention – This section discusses the adoption of ethical principles into the 1970 UNESCO Convention on the Means of Prohibiting and Preventing of Illicit Import, Export and Transfer of Cultural Property, which is the turning point for restitution claims with respect to stolen or illegally exported art.

Bibliography

Barbara T. H. (2006). Art and Cultural Heritage: Law, Policy and Practice. Cambridge: Cambridge University Press

This book covers the policy and legal practice with respect to Art markets and objects of cultural heritage.

Vadi, V., Hildegard E., and Schneider G. S. (2014). Art, Cultural Heritage and the Market: Ethical and Legal Issues. London: Springer

This edited book contains chapters that discuss the important ethical and legal issues that have become central to Art Markets in the recent times.

Iain Alexander Robertson, Derrick Chong. (2008). The Art Business. Oxon: Routledge

This book discusses the interactions between ethics and international law in context of art. The intellectual property rights concerns are also discussed here, in particular droit de suite.