Woodhead, Charlotte (2019) Tarnished treasures : provenance and the UK’s Waverley criteria. Santander Art and Culture Law Review, 2 (5). pp. 109-134. doi:10.4467/2450050XSNR.19.016.11564 ISSN 2391-7997.

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Abstract

The United Kingdom (UK), like other countries, has made strong commitments to tackling the illicit trade in objects and those that were taken during the Nazi Era. Yet, admitting objects with such questionable provenance into the category of UK national treasures and attempting to keep them in the UK by seeking institutional support to make them available to the public would be at odds with these worthy policies. The main analysis in this paper is focused on the issues raised by the 2017 decision in the UK to designate as a national treasure a Meissen figure that was formerly owned by Emma Budge, whose heirs lost possession of her collection during the Nazi Era in a forced sale. Using the trope of “tarnished treasures” this paper argues that admitting objects with tainted provenance into the category of national treasures tarnishes the entire category of national treasures. Recognizing the need to retain the integrity of this special category, this paper sets out ways in which the UK export licensing process can more fully take into account provenance before admitting tainted cultural objects into the canon of national treasures, and thus avoiding tarnishing the entire category.

Item Type:	Journal Article
Subjects:	C Auxiliary Sciences of History > CC Archaeology K Law [Moys] > KN Common Law, Private Law
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Cultural property, Cultural property -- Protection, Cultural property -- Protection -- Law and legislation -- Great Britain, Law and art , Export controls -- Law and legislation -- Great Britain
Journal or Publication Title:	Santander Art and Culture Law Review
Publisher:	University of Opole
ISSN:	2391-7997
Official Date:	December 2019
Dates:	Date Event December 2019 Published 30 December 2019 Available 25 July 2019 Accepted
Volume:	2
Number:	5
Page Range:	pp. 109-134
DOI:	10.4467/2450050XSNR.19.016.11564
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Open Access (Creative Commons)
Date of first compliant deposit:	8 October 2019
Date of first compliant Open Access:	17 February 2021
Related URLs:	Publisher

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