Cultural Property, the Palermo Convention, and Transnational Organized Crime

Borgstede, Greg

doi:10.1017/s0940739114000125

Cited by 10 publications

(4 citation statements)

References 5 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…2(c), «a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure». See also Borgstede (2014); Blake (2020). 36 With Resolution A/RES/69/196.…”

Section: The International Community's Shifting Attitude and The Shad...mentioning

confidence: 99%

Law Art

Visconti

2023

View full text Add to dashboard Cite

show abstract

Section: The International Community's Shifting Attitude and The Shad...mentioning

confidence: 99%

Law Art

Visconti

2023

View full text Add to dashboard Cite

show abstract

“…The Palermo Convention is one of the most relevant international treaties for combating and conceptualising transnational organised crime. 172 The main objectives of the Palermo Convention is to facilitate international cooperation in the prevention and combating of cross-border crimes. 173 The Palermo Convention obliges state parties to criminalise the acting in concert with one or more other persons to commit a serious crime in order to obtain financial or other material benefit.…”

Section: Sadc Law Enforcement and Anti-poaching Strategymentioning

confidence: 99%

The evolution of regional wildlife conservation, environmental protection and anti-poaching law in the Southern African development community

Mogomotsi

Cox

2020

Commonwealth Law Bulletin

View full text Add to dashboard Cite

Environmental laws in Africa have their roots in the political economy of colonialism. This article examines the evolution of wildlife crime and conservation institutional framework in the Southern African Development Community (SADC) region. SADC countries have ratified multilateral environmental agreements and embraced Transboundary Conservation Areas. However, SADC states are hesitant to ratify treaties that make inroads into their sovereignty. Classification of poaching as a transnational organised crime is essential in effectively combating this crime. Policy recommendation on the effective use of wildlife instruments is made. It is recommended that the SADC Tribunal be resuscitated with jurisdiction over transnational environmental issues. Disclosure statementNo potential conflict of interest was reported by the author(s).

show abstract

“…Nonetheless, many of these organised activities do match the definition of 'organised criminal group' set in Art. 2(a) of the UN Convention against organised transnational crime, whose application to these offences is promoted by United Nations Office on Drugs and Crime (UNODC) and other international organisations (Borgstede, 2014).…”

mentioning

confidence: 99%

Restitution and return of cultural property between negotiation and restorative justice: time to bridge the river

Visconti¹

2023

The International Journal of Restorative Justice

View full text Add to dashboard Cite

There is a need for dialogue between two perspectives -the negotiated settlement of legal disputes and the use of restorative justice programmes in post-conflict situations -with respect to the recovery of cultural objects displaced in times of war and/or colonial occupation. Although the application of such perspectives led to the recovery of disputed cultural objects, this has mostly been achieved unwittingly. However, the resolution of restitution claims would benefit from a conscious exchange between experts and practitioners of the two approaches. We will summarise cultural property displacement in its practical complexities, briefly discussing problems related to both 'historical' depredations and the current trafficking in cultural objects, with a focus on the current trend towards increased use of criminal law. However, this is a tool that is mostly ineffective in providing a solution for the most heartfelt questions arising from breaking an object's links to its cultural roots. After carrying out an overview of international conventions currently addressing these issues, discussing why these legal instruments oft cannot actually heal the wounds caused by depredations of cultural property, we will illustrate the need for an approach more focused on the 'human' meaning of questions of restitution of objects that are so much more than 'things'.

show abstract

Cultural Property, the Palermo Convention, and Transnational Organized Crime

Cited by 10 publications

References 5 publications

Law Art

Law Art

The evolution of regional wildlife conservation, environmental protection and anti-poaching law in the Southern African development community

Restitution and return of cultural property between negotiation and restorative justice: time to bridge the river

Contact Info

Product

Resources

About