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date: 06 July 2022

Abstract and Keywords

This chapter asks how best to frame a field of study called “transnational art law” (TAL). If art law encompasses all legal aspects of the production, distribution, and transaction of art, as well as any other rights and obligations governing art world actors and works of art, then transnational art law is the framework of legal knowledge necessary to understand these relationships and transactions across borders. Following the Transnational Law framework proposed by Philip Jessup in 1956, TAL would not be restricted to public or private, national or international, substantive or procedural law, but intervene in problem spaces involving all of these. It would capture the transnational actors, norms, and processes, the formal and informal interactions that constitute the art world. This chapter sketches TAL in its possible doctrinal, policy, regulatory, and advocacy dimensions, and suggests some openings for interdisciplinary study in particular.

Keywords: art worlds, art markets, concepts of value, cultural property, financialization of art, global cultural governance, institutional critique, private ordering, relational aesthetics, transnational art law

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