Summer 2021 Online Course Description:
Centuries of Failure, Years of Success: Legal Regimes for the Protection of Cultural Property
Not withstanding the critical role cultural heritage plays in forming our national and ethnic identities, and in inspiring us as civilizations, protecting it has never been a legal priority. Through an examination of the legal history of cultural property, this seminar will attempt to explain why that has been the case, and what is now being done to change that historical trajectory. The seminar will focus on the relevant international conventions, and on significant actions by the European Union and Arab League, along with those federal laws of the United States that seek to preserve and protect different forms of cultural property. In addition, selected state and local laws and cases will be addressed, as part of a discussion of the efforts (and accompanying litigation) that have been made in New Orleans to protect the city's unique art, architecture, and traditions. Each student will be required to select a paper topic, one that directly relates to a cultural property issue arising from his or her location - e.g., a student located in New York City will be required to write about a "New York" cultural property issue. In addition to writing the paper required for 3 credits, students will be required to give a 15 minute presentation regarding their paper. The course will be co-taught by Prof. Herbert Larson and Ms. Terressa Davis, who is the executive director of the Antiquities Coalition.
Program Tuition: $3,750 ($1,250 per credit)
Both Tulane and non-Tulane students are eligible to enroll.
Tulane Student: Contact firstname.lastname@example.org
2. Have your current law school send a letter of good standing to the address below:
Assistant Dean, Academic Services
Tulane University School of Law
6329 Freret St., Suite 204
New Orleans, LA 70118
The information below pertains to our standard Siena Abroad Program, which we plan to resume in Summer 2022.
The Siena Program reinvigorates 20 years of cooperation with the University of Siena Facoltà di Giurisprudenza and more than 10 years of cooperation with DePaul University School of Law. This program's curriculum delves into the fascinating relationship between international law, cultural heritage and the arts.
The Siena Program reinvigorates 20 years of cooperation between the University of Siena Facoltà di Giurisprudenza and Tulane University Law School, and more than 10 years of cooperation with DePaul University School of Law. The goal of the Institute is to offer the world’s best program for the study of the complex and fascinating relationship between international law, and art and cultural property. There could be no better place to pursue such studies than in the artistic treasure that is Siena.
This program provides the only opportunity in the world to study in-depth the relationship between international law and art itself, as both physical and intellectual property. Its merit is that it looks to the most basic premise of all: that there can be no preservation of artistic excellence if there is no preservation of art itself. While it is all well and good to speak about the production and dissemination of art, there would be no art or artists without their protection.
While the program is designed primarily for law students, graduate students in other disciplines, such as art, art history, archeology, and anthropology are encouraged to attend. These students bring additional depth and breadth to the program, as their insights and perspectives come from completely different sources – sources other than law. As can be seen from the course descriptions and faculty biographies sections, the program brings together not only international legal scholars, but also scholars with expertise in art and archeology in order to give students in the program a multi-dimensional understanding of the subject matter. This combination of students and faculty members from many different fields removes barriers from the classroom and allows for an interchange of both ideas and opportunities.
Partner Host Institution
While classes in the conventional sense will be held at the Facoltà di Giurisprudenza, Siena and Tuscany will be the true classrooms, providing students with the opportunity to see and experience first-hand the problems and issues that shape this field. Classroom lectures will be supplemented extensively with field trips, visits to museums, and guest speakers to take full advantage of the program’s location.
Students will also have the opportunity to experience the glory that is Tuscany, often described as “the place where Mother Nature outdid herself.” Should a student desire to see more, the cities of Florence, Pisa, Volterra, Lucca and Arezzo are a short distance away.
Follow the adventure on Instagram at #TulaneLawSiena.
The Academic Course: International Law, Cultural Heritage, and the Arts (6 credits)
This course includes five subtopics that will prepare students for work in the field of International Law, Cultural Heritage and the Arts.
The International Legal Framework for the Protection of Art and Cultural Property Professor Gerstenblith- DePaul University- College of Law Processor Francioni- University of Siena.
Designed for law students, students in other disciplines, and working professionals, this portion of the course will provide an introduction to the complex and often confusing web of principles and systems that constitute international law. Concepts such as sovereignty, jurisdiction, and standing will be considered, as well as the basic rights of both nations and individuals to their art and their cultural property.
The following major conventions regarding the protection of art and cultural property will be addressed: the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the UNESCO Convention on the Protection of the Underwater Cultural Heritage, and the Universal Declaration on Cultural Diversity.
From Black to Gray: the Markets in Stolen and Looted Art and Antiquities Professor Larson- Tulane University Law School
This section will address multitude of issues related to the theft and smuggling of stolen art or looted antiquities, and its estimated annual losses as high as $6 billion, according to the FBI Art Crime Team. Particular emphasis will be given to the problem of archaeological site looting. Among the specific topics covered are: the domestic implementation of the 1970 UNESCO Convention among market nations; the prosecution for dealing in stolen art and antiquities; and criminal forfeiture. Finally, we will discuss the particular problems faced by auction houses and purchasers. Case studies, including the looting of the Iraq Museum and of archaeological sites in Iraq, will be used throughout the course to illustrate these legal principles.
Beyond the Law: The Ethics of Collectors and Collections Professor Flora- Tulane University School of Liberal Arts
This section will explore the ever-changing ethical issues surrounding the acquisition of art by museums and collectors, who now often go beyond the law to embrace new ethical codes of collecting. What duty does a museum have to ensure that it is not acquiring stolen property? When must property that is discovered to be stolen be returned to its rightful owner or to its country of origin? Is it ethical for a private collector to purchase a masterpiece, and deny the public access to it? Taking advantage of resources in Siena itself, such as the city Paintings Gallery, the Cathedral Museum, and the Archaeological Museum, this section will look at how and why art was and is acquired by museums and collectors in Italy and abroad. We will look in particular at collecting policies and ethical codes of American museums such as the Metropolitan Museum of Art and the J. Paul Getty Museum, and their at-times controversial acquisition of Italian works by seminal figures in Sienese painting such as Duccio. Reflecting on issues of ownership, culture, and identity as faced by museums, we will also examine works of Etruscan art at the center of recent repatriation efforts by Italy, and also address the Elgin or Parthenon Marbles controversy.
The Protection of Art in Times of Crisis: from War to Natural Disasters Professor Pavoni- University of Siena Professor Lenzerini- University of Siena
From earliest times, art and cultural property have been treated, and prized as “the spoils of war.” In just the past century, civilization has witnessed massive theft and destruction of art and cultural property during armed conflicts, ranging from the systematic looting of the artwork of entire nations by the Nazis during WWII, to the deliberate eradication of Buddhist temples and monasteries in Cambodia by the Khmer Rouge, to the recent pillaging of an entire national museum. Unfortunately, the legal efforts to protect art and cultural property during such armed conflicts have not kept pace. This section will survey those efforts, beginning with the ancient “laws of war,” continuing up through the Lieber Code, the Hague Conventions of 1899 and 1907, and ending with Article 8 of the Rome Statute of the International Criminal Court. In addition, a portion of the time will be devoted to the issue of protecting art during other times of crisis, such as natural disasters.
Victoria Reed- Provenance Curator for the Boston Museum of Fine Arts
Throughout this course, students will learn about documenting and proving provenance; due diligence and the acquisition process; WWII and Nazi-era provenance research; and other issues related to stolen and forged works of art.
All courses meet at the University of Siena, Monday through Friday, at the following times. Fieldtrips will take place on two of the Fridays.
8:50 am – 10:50 am
11:10 am – 1:10 pm
Please note that this schedule is tentative and subject to change. You will receive a detailed copy of the program schedule upon arrival.
Login information for course materials are sent to students prior to the program. Printed copies will be available upon arrival in Siena. There is no need to print the materials before arriving in Siena. Materials are included in tuition and fees.
A maximum of thirty students will be accepted for the Siena program. We recommend applying early in order to secure your space in the program.
Housing is at the Refugio residence of the Santa Chiara Graduate College, which is relatively close to the law faculty (about 1km or 15 minute walk). The cost per person at the dormitory is projected to be $950 for a double room, and $1050 for a single room. The exact housing amount will be determined after January, on the basis of prevailing economic conditions and the exchange rates.
This housing cost covers the full duration of the program. A limited number of single rooms are available. While the rooms are well ventilated and the weather is usually cool at night, there is no air conditioning. Dormitory accommodations will be allocated on a first come, first served basis. For more details and to view the Rules of Procedure please visit the Refugio website. Please note that anyone wanting to have an overnight guest in their room at the Refugio must obtain prior permission from the Refugio administration.
Note: not all rooms at the housing facilities have internet, depending on the location of the room. Practitioners are eligible to stay in single room dormitories based on availability.
To connect with other students and possibly coordinate roommates, join the Program's Facebook group 2020 Tulane Law Summer in Siena!
A calendar of all activities will be provided closer to the start of the program. Excursion examples from previous programs include:
Students should plan to arrive at the University of Siena by 5:00 pm on Sunday, May 24 for a brief city tour. Students should not plan to leave Siena earlier than mid-afternoon on Friday, June 19. Final exams will take place during regular class time on Friday, June 19, exams cannot be rescheduled. Students must check-out of the dorms by Saturday, June 20 before 11:00 am.
Students are responsible for all travel arrangements. We recommend researching ticket prices early from a few travel search engines to find the most competitive prices.
Family members and friends are cordially invited to participate in all activities except the academic course.
U.S. citizens do not require a visa due to the short time period you will be abroad. International students should check with the appropriate embassy or consulate to ascertain whether a visa is necessary.
Italian language skills are not required for program participation (since courses will be taught in English and guest lectures by Italians will be translated into English when necessary). However, in order to enhance the cultural immersion experience, students are encouraged to enroll in any optional Italian language classes available through the program, and to take advantage of opportunities in their home institution or elsewhere to acquire basic Italian language skills before arriving in Siena.
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