Mapping the Art Trade in South East Asia: From Source Countries via Free Ports to (a Chance for) Restitution

• Published in: International journal for the semiotics of law = Revue internationale de sémiotique juridique 2021-07, Vol.34 (3), p.669-692
• Main Author: Sadowski, Mirosław Michał
• Format: Article
• Language: English
• Subjects: Applied Linguistics; Fundamentals of Law; Law; Law and Criminolgy; Legal History; Philosophy of Law; Theories of Law
• ISSN: 0952-8059; 1572-8722
• DOI: 10.1007/s11196-020-09694-w

Is there a major international crime that the general public has never heard of or even thought about? The answer to this question might be surprising—it is the illicit art trade. The purpose of this article is to analyse the criminal aspect of the global art trade with a special focus on the region of South East Asia. In the first part of the paper, which acts as a backdrop for the rest of the article, the author explains the history and general issues regarding the trade of cultural artefacts, briefly explaining the stages in the illicit antiquities trade, with a special focus on the question of international law regulations, of which he provides a critical overview. The second and third parts of the paper are devoted to a more profound analysis of the antiquities journey from illicit to licit. In the second part of the paper the author provides a case study of the first part of the voyage of Cambodian, Vietnamese and Indian antiquities, i.e. from the source country to the port of first shipment, examining the places and the middlemen they pass on their way. The third part of the paper is devoted to the analysis of legal provisions regulating the art trade in Hong Kong—a global art hub—notably the ‘market overt exception’, which allows buyers in good faith to keep the illicitly obtained cultural objects in spite of any claims made by the previous owners. In the fourth part of the paper the author shows why restitution of looted antiquities is so difficult, analysing a number of successful and unsuccessful attempts. The concluding part of the paper is devoted to the author’s critical overview of the various attempts and suggestions on the curtailing of the illicit international art trade. In the coda the author provides a case study of the journey undertaken by Cambodian antiquities.