Student Caroline Harvey wins cultural heritage writing competition

Caroline HarveyCaroline Harvey, a current third-year student at the University of Georgia School of Law, is one of two 2019 winners of the Lawyer’s Committee for Cultural Heritage Preservation Law Student Writing Competition in Cultural Heritage Law.

Harvey’s paper, “An Avenue for Fairness: Disclosure-Based Compensation Schemes for Good Faith Purchasers of Stolen Art,” argues that in art replevin actions, courts should take an additional step in their due diligence analyses and consider whether a good faith possessor of stolen artwork should be entitled to compensation after forfeiting artwork to the true owner. This, she argues, would “more fairly balance the equities between the parties and avoid total loss to the good faith purchaser.”

Harvey currently serves as the Executive Notes Editor for the Georgia Law Review. After her first year, she participated in the Global Governance Summer School, and she completed a Global Externship At-Home at the Antiquities Coalition in Washington, D.C.  Last summer, she worked for Norris Legal Atlanta Law Group. She holds a B.A. in Art History from the University of Georgia, and hopes to practice in the areas of cultural heritage and art law.

Global Governance Summer School visits the Hague Conference on Private International Law & museum

THE HAGUE — Students spent their second day in The Hague engaged in a mix of legal and cultural excursions.

Students spent the morning meeting with lawyers from the Hague Conference on Private International Law. There, they were treated to an overview of the world organization responsible for cross-border cooperation in civil and commercial matters. Students met with Laura Martinez-Mora, Secretary of the Permanent Bureau, and Frédéric Breger, Legal Officer (left). They provided an introduction to the history and structure of the HCCH, and provided a detailed overview of some of its many conventions, which cover topics including: family law matters such as child abduction, intercountry adoption, child protection, and maintenance obligations; forum selection as other procedural issues such as choice of court, taking evidence abroad, service abroad, and apostille. Finally, they touched upon the newly concluded Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which Dean Peter B. “Bo” Rutledge, raised during his session on international dispute resolution in Leuven last week. Students were interested to hear about the treaty-making process, as well as the aspects of the treaties, particularly those covering family law, that reinforced human rights treaties, such as the Convention on the Rights of the Child.

From left, Ayman Tartir, Steven Miller, Gamble Baffert, Charles Wells, Emily Snow, Holly Stephens, Lauren Taylor, Briana Blakely, Jessica Parker, and Kathleen Doty.

 

In the afternoon, the group visited Escher in Het Paleis, the museum dedicated to M.C. Escher, set in Queen Emma’s winter palace. There, students took in masterpieces, and thoroughly enjoyed the interactive top floor of the museum. Everyone’s inner child came out to play!

Tomorrow, students will visit the International Court of Justice and the International Criminal Court before concluding the 2019 Global Governance Summer School.

 

Global Governance Summer School: after travel day and World Cup match, Special Tribunal for Lebanon kicks off The Hague briefings

From left, Gamble Baffert, Charles Wells, Lauren Taylor, Emily Snow, Emily Doumar, Leila Knox, Amanda Shaw, Alicia Millspaugh, Briana Blakely, Jessica Parker, Steven Miller, Ayman Tartir

LEUVEN & THE HAGUE — Yesterday, Georgia Law students participating in the Global Governance Summer School left Leuven, Belgium, where they had been in residence for classroom sessions and professional development opportunities. They traveled by train to The Hague, Netherlands, and arrived just in time to watch the U.S. – Netherlands Women’s World Cup match. What a place to watch!

From left, Emily Doumar, Jessica Parker, Briana Blakely, Lauren Taylor, Kathleen Doty, Charles Wells, Emily Snow, Gamble Baffert, Holly Stephens, Leila Knox, Steven Miller, Alicia Millspaugh, Ayman Tartir, Amanda Shaw.

Students spent this morning in briefings at the Special Tribunal for Lebanon. Established in 2009, the STL’s mandate is to hold trials for the people accused of carrying out the February 14, 2005 attack in Beirut that killed the former prime minister, Rafik Hariri, and twenty-two others.

Representatives from all four of the court organs presented to the students. They included: Romy Batrouny, Assistant Legal Officer in Chambers, who gave an overview of the tribunal’s history, mandate, and structure and an introduction to the work of lawyers in Chambers; Edel Regan, Associate Legal Officer with the Registry Legal Office, who explained the various legal issues encountered in the administration of the court, ranging from immunities to the protection of victims and witnesses to procurement; Matthias Neuner, Trial Counsel in the Office of the Prosecutor, who challenged students to think about the purpose of international criminal tribunals and the development of the law in the fight against impunity for terrorism; anPaula Lynch, Associate Legal Officer in the tribunal’s Defence Office, who discussed the unique position of defense counsel in the STL structure, and the challenges of representing the defendants in absentia.

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From left, Lauren Taylor, Briana Blakely, and Jessica Parker.

In the afternoon, students enjoyed a cultural excursion to the Mauritshuis museum, home to masterpieces from Dutch and Flemish artists, including Vermeer’s Girl with a Pearl Earring, Rembrandt’s The Anatomy Lesson of Dr. Nicoleas Tulp, and Potter’s The Bull.

Tomorrow, the group will continue with a briefing at the Hague Conference on Private International Law where they will learn about the operation of private law in the global arena.

Student Rebecca Wackym on her GEO at Hebron Rehabilitation Committee

This is one in a series of posts by University of Georgia School of Law students, writing on their participation in our 2017 Global Governance Summer School or Global Externship Overseas initiative. Author of this post is 2L Rebecca Wackym, who spent her 1L summer as a GEO, or Global Extern Overseas.

For six weeks this summer, I lived and worked in the ancient and industrial city of Hebron (in Arabic, “Al-Khalil”) in the southern West Bank. Hebron is often touted as a “microcosm” of the Israeli-Palestinian conflict. And for good reason: Hebron’s contested Old City district is home to both 30,000 Palestinians and 500-800 Israeli settlers, the latter protected by approximately 2,000 Israeli troops.

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At the center of the Old City and the conflict in Hebron is the Ibrahimi Mosque. It is the burial place of the patriarchs of Judaism, Christianity, and Islam: Abraham, Sarah, Isaac, Rebecca, Jacob, and Leah. It is the oldest religious building in the world that has been continually used for its original purpose, and it is the only religious building that serves as both a mosque and a synagogue. Much like the Temple Mount and Dome of the Rock area, the Ibrahimi Mosque has been the subject of a tug of war between the Israelis and Palestinians since the occupation began.

The organization I worked for, Hebron Rehabilitation Committee (HRC), is on the front lines of the battle for cultural heritage rights. HRC succeeded in its efforts to designate the Ibrahimi Mosque and the Old City of Hebron as a UNESCO World Heritage Site in Danger. During my time in Hebron, I worked with the Legal Unit of Hebron Rehabilitation Committee, which was founded to respond to human rights violations against the Palestinian citizens of the Old City, particularly violations pertaining to personal and public property.

Wackym6.jpgThe Legal Unit of the HRC uses several legal and policy strategies to achieve this purpose. These include: filing domestic complaints against Israeli Defense Forces orders; filing complaints with various international human rights bodies; conducting international awareness campaigns; and directly educating Palestinians about their rights. I had the opportunity to work on several of these complaints. On one filed with the United Nations Human Rights Council, I did research on Israeli case law.  My research involved the exhaustion of domestic remedies requirement in the context of road closure cases, in which the courts typically do not get involved if the closure can be justified by a “security-related” reason. I also wrote a complaint to the Special Rapporteur on the right to freedom of peaceful assembly and of association. For this project, I conducted interviews with victims, compiled evidence, and researched relevant military orders and case law.

The transition from living in the United States to living in a conservative, Muslim-majority place was daunting, but my supervisor, Nicole Trudeau, did everything she could to ease the culture shock. She introduced me to her Palestinian friends and invited me to eat with local residents of the Old City. I felt very welcome and even at home during my time in Hebron. The professional culture was more relaxed than in the United States – the office closed at 3 pm, and tea breaks were customary– but I was surprised to find that it was also almost as progressive. Women outnumbered men in the office and had leadership roles. It was an eye-opening to see a conservative culture value women in the workforce.

During my externship with HRC, I received an invaluable education not only in human rights, cultural heritage, and humanitarian law practice, but also in the Israeli-Palestinian conflict and their respective cultures. I spent weekends traveling all over Israel and the West Bank. I spoke with members of the Israel Defense Forces and Palestinian soldiers, young people in Tel Aviv and Ramallah, settlers in Hebron, and local and international activists just trying to make the situation better. The experience was absolutely incredible. And I will never forget the friends I left in Hebron. Salam!

Sojourn stirs questions about policies in China, Cuba and the United States

Our Center’s Director of Global Practice Preparation, Kathleen A. Doty, is a World Affairs Council Young Leaders Fellow just completing her tour of China. Traveling with her have been eleven others, many from globally minded businesses. This is the last dispatch in Kate’s series of posts on her travels.

4BEIJING – The people of China are warm. They love babies. I quickly found the best way to make a friend was to coo at the child in her arms. They love long meals and good toasts, and have spent centuries mastering the art of hospitality. Being a guest in China is wonderful.

Beijing is a vastly different city than Shanghai. It is old, gritty, artistic. I heard many people say that Beijing was like Washington, D.C., and Shanghai was like New York. I think that it is a shallow comparison, and having lived in both U.S. cities, I disagree.image1

New York is much more than high rises; Beijing is a city alive and rich in a similar way. Of course, this impression has much to do with the organization of our trip; in Shanghai we were taken primarily to government developments, while in Beijing we were taking primarily to private companies and cultural sites. We visited the sleek showroom of Huawei, the Chinese version of Apple, and iQIYI, the Chinese version of Netflix, which exudes a hip imagestart-up vibe. I sipped exotic tea as I strolled through galleries in the profoundly cool 798 Art District, wandered back alleys in Old World neighborhoods, and saw a palace that has been grand since before my own country was founded. When the lights went out in a restaurant at dinner, the servers calmly brought candles to the table and we kept on with the toasts. Beijing was much more what I image2expected to find in China: a mix of the modern and the historical, of wealth and underdevelopment.

Cultural heritage was a theme I pondered throughout the trip. China is old in a way that I, a woman from Colorado, a place young even in the history of the United States, find mind-blowing. Beijing is a huge city. The several ring roads surrounding it put the Beltway or the Perimeter to shame. The city has been developed and redeveloped countless times, replacing so much of what once was. Walking the Great Wall (which is covered in scratched graffiti, in Chinese characters so foreign to my eye) and seeing the Forbidden City provided just a taste of an incredibly rich history that, little by little, is lost with improvements to modern life. I commented to a friend, an American expat living in China, that I found this sad. He responded that the history in 3China is too long to preserve the physical – you just can’t save every 5,000-year-old building – the cultural heritage of China lives in the language. Having mastered only four words in ten days – “Hello,” “Thank you,” “Cheers,” and “too expensive” – I have to admit that this is lost on me. But it emphasized the importance of intangible cultural heritage work as a means of preserving at least some of an ancient way of life.

Sitting alone in a public park one day, I marveled at how a parent or grandparent needed only to speak a word to a child and he or she behaved. Meeting times were given at strangely precise intervals (for example, 1:25) and taken very seriously. I heard more apologies for tardiness than I thought reasonable given a city of such size and with such congestion. Our guides shared their views that much of Eastern culture derives from Confucius’ thought, and emphasizes hierarchy and respect. This consideration to others was surprising given our pre-trip prepping that people push and don’t stand in line or respect your space, but it just reinforced the cultural difference in the meaning of “consideration.” In so many of my reflections about Communism and the economy, I couldn’t help but wonder how much of the attitudes I picked up on were born of pre-existing Eastern philosophy and culture, or from the current economic and political systems in the country.

I also couldn’t help but wonder about the tension between the incredible feats of the state and human rights. Much has been written about this topic and I am no expert, so I won’t belabor the point. But I found myself reflecting, much as I did during my studies in Cuba, on the tension between the social benefits of a Communist system – universal healthcare, education, and in the case of China, the elevation of an extraordinary number of people out of poverty in a short time frame – with the profound lack of freedoms.

2During our visit to the Great Wall, we were standing in an epically long line to take a shuttle bus from the base of the Wall to the parking lot where our bus was waiting. Our guide, a young man in the employ of the University who spoke nearly perfect English, sighed as we inched forward. He said:

“Thank God for the family planning policy.”

I was surprised because the one-child policy so deeply offends our Western concept of individual choice that I simply expected someone of roughly my age to concur; yet in such a populous country, a limit on the number of people is sometimes welcome. I relayed my surprise at his comment to another young Chinese woman I met, and she said,

“Oh yes. The problem with the family planning is that we now have a China that is out of balance, with too many old people and not enough young ones.”

I was so amazed; again, it was a comment totally focused on the macro. Is that Chinese culture? Is that the effect of a Communist system of government? Is it both?

These are the questions that will for me remain unanswered. After studying in Cuba, my takeaway was that they don’t have it right, but neither do we in the United States. The “right” is somewhere in the middle. My impression of China is that it is inching closer to the right balance than Cuba. I have far more context about Cuba to make that statement; this trip showed me, more than anything else, how much I don’t know about China. But standing in Tiananmen Square in the rain, I couldn’t help but think that an inch is terrifically small.

Antiquities trafficking said to fuel transnational mayhem by Daesh et al.

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Alumna Tess Davis, 2d from left, met with Georgia Law 1Ls after her lecture; from left, Hannah Williams, Ava Goble & Karen Hays. Hannah will work on cultural heritage issues this summer through a Global Externship Overseas (GEO) at the Cambodia Ministry of Culture & Fine Arts, Department of Intangible Cultural Heritage.

“As long as there have been tombs, there have been tomb raiders.”

So began the terrific talk on trafficking that Tess Davis, Executive Director of the D.C.-based Antiquities Coalition, delivered to a rapt University of Georgia audience this week.

Having conceded the point quoted at top, Davis stressed that today the problem is much different and much greater. On the list of lucrative transnational organized crime, she asserted, antiquities trafficking places 3d, right behind arms trafficking and drug trafficking.

The threat is not simply one of criminal behavior, she continued. Rather, Davis stressed that profits from antiquities trafficking – profits believed to be in the millions of dollars – provide revenue vital for the nonstate actor waging armed conflict in Syria and Iraq. That entity calls itself “Islamic State” and is often labeled “ISIS” or “ISIL” in the media; taking a lead from diplomats in France and, recently, the United States, Davis preferred “Daesh,” the group’s Arabic acronym, for the simple reason that “they hate to be called that.”

Initially trained as an archeologist, Davis began to focus on legal means to combat antiquities trafficking while still a student at Georgia Law. Since earning her J.D. in 2009, she’s been a leader at the Lawyers’ Committee for Cultural Heritage and in the American Society of International Law Cultural Heritage & the Arts Interest Group, a researcher at Scotland’s University of Glasgow, a member of Georgia Law’s Dean Rusk International Law Center Council, and, as the photo above demonstrates, a mentor to Georgia Law students and other young lawyers interested in working in the field. Her efforts to help repatriate antiquities stolen from Cambodia earned multiple mentions in The New York Times.

Her talk drew links between the looting of cultural heritage during and after the 1970s Khmer Rouge reign of terror and current looting in the Middle East today. In both instances, she said, “cultural cleansing” – in the contemporary case, the destruction and thievery of monuments sacred to moderate Muslims and others – precedes and parallels efforts to erase and subjugate the humans who venerate those monuments. It’s a state of affairs documented in her Coalition’s new report, “Culture Under Threat.”

“The world failed Cambodia,”

Davis said, then expressed optimism at growing political will to do something about the Middle East. She advocated enactment of S. 1887, the Protect and Preserve International Cultural Property Act now working its way through Congress. The legislation, whose cosponsors include a Georgia U.S. Senator, David Perdue, is urgent: Davis estimated that U.S. buyers represent 43% of the current demand for looted Syrian antiquities.