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1. Origin and Role of Ethical Rules and Codes of Conduct in the Field of Cultural Heritage Law 1. Origin and Role of Ethical Rules and Codes of Conduct in the Field of Cultural Heritage Law
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2. The Main Contents of the Codes of Ethics and the Related Issues 2. The Main Contents of the Codes of Ethics and the Related Issues
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2.1 Acquisition and Transfer of Items and Collections 2.1 Acquisition and Transfer of Items and Collections
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2.2 Origin of Items and Collections 2.2 Origin of Items and Collections
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2.3 Professional Conduct 2.3 Professional Conduct
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2.4 De-accessioning Policies and Procedures 2.4 De-accessioning Policies and Procedures
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2.5 Sanctions 2.5 Sanctions
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3. The Interaction between Codes of Ethics and International and Domestic Law Rules 3. The Interaction between Codes of Ethics and International and Domestic Law Rules
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4. Codes of Ethics as Art Market Regulation Instruments 4. Codes of Ethics as Art Market Regulation Instruments
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5. Concluding Remarks 5. Concluding Remarks
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33 Codes of Ethics
Get accessManlio Frigo is Full Professor of International and European Law and of International Contracts and Arbitration Law at the Milan State University (Universita degli Studi di Milano), Department of International, Juridical, Political and Historical Studies; Member of the Steering Committee of the PhD in International Economic Law of the Bocconi University, Milan; Member of the Committee on Cultural Heritage Law of the ILA (International Law Association); Member of the Committee on Cultural Heritage Law of the ILA; Counsel at BonelliErede, Milan office; and Member of the Focus Team Art & Cultural Property. Email: manlio.frigo@unimi.it
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Published:08 October 2020
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Abstract
This chapter addresses the role of ethical rules in the field of art law and international protection of cultural heritage. The examination of the legal nature of the codes of ethics and of their effectiveness is preceded by the analysis of their role which is frequently twofold. On the one hand, ethical codes can inspire market regulation by establishing or by confirming a catalogue of good practices in this field. This is the case of the CINOA (International Confederation of Art and Antique Dealers) Code of Ethics and the ICOM (International Council for Museums) Code of Ethics. In such cases, the codes of ethics may have a direct and/or an indirect effect to the functioning of the commercial transactions in this sector. Ethical codes may also represent a source of inspiration for the development of law rules, at both national and international levels.
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