Interfaculty Minor Art, Law and Policy Making

Course code: IER3004 Course period: 2 ECTS 
Credits of this course: 6 
Coordinator: Lars van Vliet, Faculty of Law and Anna de Jong, Faculty of Law

Full course description 
In Law and Art - The Free Movement of Cultural Property we take a closer look at the legal dimension of the art trade, the protection of cultural heritage from various threats, and the different points at which law and cultural heritage intersect. Artworks speak to our imagination and either fascinate or irritate (or bore) us. In the public discourse works of art are described and valued for different reasons: their uniqueness, their representation of the artistic genius, expressions of the human condition… These values we ascribe to art can also lead to it being endangered during conflicts, stolen, looted, forged, or even purposefully destroyed. Beside their artistic and historic value, art works are also goods: material objects that can be valued in money and are traded across the globe. This international element of the trade renders regulation and enforcement across legal borders difficult, and actors in the illicit trade of cultural objects take full advantage of this. Since artworks are relatively easy to take across borders, stolen or looted art objects can show up all over the globe. To add to the difficulties, laws affecting the art trade differ from country to country. This is especially true for export regulations, the rules on the bona fide purchase and limitation periods. For example, the position of the bona fide purchaser is a delicate issue. Who should be protected and for how long? Must a bona fide purchaser return a stolen or looted painting to the original owner? Which law applies if more than one jurisdiction is involved? Which international obligations exit? Are there just and fair solutions for these types of disputes? These examples show that this course deals with many different areas of law: International and European law, Private and Private International Law and Public Law. However, you can easily widen the legal fields having a relation to the art market, such as for example Intellectual Property Law or Tax Law, which will not be addressed directly during the course.

Course objectives 

• identify the special role and treatment of works of art in a variety of related legal issues. 
• outline the evolution of international cultural heritage law and summarize its main instruments. 4 
• discuss the legal difficulties of regulating the (i)licit trade in art and the protection of art and cultural heritage from forgeries and destruction. 
• analyse the private (international) law issues relevant to artworks. 
• rate the compatibility of laws on cultural heritage with European and international standards.

Teaching methods: Lectures, PBL 
Assessment: moot court and written exam 
Keywords: Art law, cultural heritage protection, looted art, restitution and return, fakes, misrepresentation, Colonialism, warranty of title, provenance 
Prerequisites: Basic knowledge of law is important even if this course is open for students of the faculties of LAW, Arts and Culture and UCM and Erasmus students. Students who have no background in law should in any case read the following book: Hage, Jaap, Waltermann, Antonia M., Akkermans, Bram (Eds.), Introduction to Law, Springer 2017, available as ebook in the UM Library.

The presence of Art: reinterpreting Modern Art and Contemporary Art 

Course code: MIN0002 
Course Period: 2 ECTS 
Credits of this course: 6 
Coordinator: Inge Römgens, Faculty of Science and Engineering (UCM)

Full course description 

Since the late 19th century and certainly up until the mid-20th century artists have issued avantgarde manifestoes of change, claiming their art to be ahead of the times. Critical of conventions and traditions, they regarded art as a revolutionary means to social, political, cultural, and intellectual emancipation and progress. Through what has been called the “shock of the new,” by making tabula rasa with the existing, art was to create a better world. Were it not for the fact that art effectively served the ideologies of both the socialist and fascist totalitarianisms of the last century, such radical ambitions might even sound a bit naïve, nowadays. Indeed, as yesterday’s future has become today’s past, the utopias of a bygone era seem to have been disappointed, at last - or have they not? Do we need to rescue avant-garde virtues and ideals for the sake of the relevance of contemporary art? What precisely is the legacy of the modern avantgarde besides its success on the global art market? In the early 21st century and under the spell 5 of a “new spirit of capitalism”, is there any hope left for effective artistic critique? Or do current “economies of enrichment” simply reduce the value of art to financial speculation? This course considers histories and theories of modern and contemporary art. It provides an overview of the heterogeneous and experimental development of modern and contemporary art. Artistic responses to society, politics, science, and technology are discussed. The module also addresses the practices of governing institutions of the contemporary art world, such as art markets and museums. Furthermore, the course features visits to (local) art institutions, including the Jan van Eyck Academie.

Course objectives 

• To understand and apply historical and theoretical approaches to modern and contemporary art. 
• To critically reflect and debate on the meaning of modern and contemporary artistic practices. 
• To learn how to write an art review.

Teaching methods: Tutorial group meetings (PBL), guest lectures and field trips. 
Assessment: Two in-class presentations and students will work on compiling a portfolio of four writing assignments throughout the course 
Keywords: Modern art, contemporary art, art markets, critique, museums