tag:blogger.com,1999:blog-35183976.post4736666973445467924..comments2023-10-26T06:35:55.278-05:00Comments on Illicit Cultural Property: Immunity and WWII SpoliationAnonymoushttp://www.blogger.com/profile/00815004368881797395noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-35183976.post-70200692204403248662008-01-01T13:31:00.000-06:002008-01-01T13:31:00.000-06:00Dear Mr. Fincham,You have no doubt followed the re...Dear Mr. Fincham,<BR/><BR/>You have no doubt followed the recent spate between Russia and the UK over the loan to the Royal Academy of a collection of artwork in the present possession of Russian museums. Russia had said it would not send the paintings unless the UK guaranteed they would be immune from seizure from the heirs to Mr. Schukin from whom the paintings were plundered, according to his heirs, by the Bolsheviks in 1917. <BR/><BR/>The UK has now acted to mollify the Russians by moving forward some specific legislation which will in effect give protection to Russia and in the process strip Mr. Schukin's heirs with any chance of making good on their claim. <BR/><BR/>Contrary to the Malevich litigation, the present "owner" of the artwork (Russia) is the very body which committed the alleged plundering. <BR/><BR/>It is therefore, in my view, particularly shocking to see the UK government flattening the rights of the violated in the sole interest of the violator. <BR/><BR/>As one of 316.000 individual holders of defaulted Russian bonds worth over US$90 billion (yes, despite its claims to the contrary Russia is still in default today) who are constantly up against what we perceive to be governmental collusio to thwart any attempt at making good on our bona fide claims, as are American holders of defaulted Chinese bonds, I am particularly sensitive to the effforts of Mr. Shukin's heirs, and I hope you will post my article below, despite its slightly inflamatory tone.<BR/><BR/>Sincerely,<BR/><BR/>Karolus.<BR/>---------------------------------<BR/>KOWTOWING TO RUSSIAN OFFICIALDOM, SPINELESS UK GOVERNMENT ACCEPTS TO FLATTEN FUNDAMENTAL RIGHTS OF THE RUSSIAN FEDERATION'S BONA-FIDE CREDITORS<BR/><BR/>Is it normal to tread on the possible legitimate rights of bona fide creditors in the sacred name of art? <BR/><BR/>If this is done to preserve "the rights of HM's subjects" to access fine works of art, should HM's government not compensate bona fide creditors who in the process are deprived of any chance of making good on their claims? <BR/><BR/>The Russians were rightfully worried that paintings they allegedly "seized" (in your and my language that simply means plundered) from private interests in 1917 might today be seized by (in your and my language that simply means returned to) heirs of their rightful owner if they sent them to a temporary exhibition in the UK.<BR/><BR/>In order to mollify the Russians, the UK has finally agreed to rush forward a piece of legislation giving immunity from seizure to foreign works of art while temporarily in the UK. <BR/><BR/>How can HM's government kowtow to Russia's government and announce that normal rule of law will be waived in this particular case, thus depriving the (allegedly) rightful owners of making good on their claim?<BR/><BR/>Does HM's government have no confidence in its own law to establish who the rightful owner is?<BR/><BR/>Has HM's government given up on contract enforcement and rule of law?<BR/><BR/>How crooked must the Russian government be to seek waivers from foreign laws lest one of its innumerable unpaid creditors file a claim anytime Russian assets are let out of its boundaries?<BR/><BR/>How crooked must a host country's government be to enact a general law on the basis of one individual case, with the specific aim of depriving possibly legitimate claimants from any chance of lawfully making good on their claims?<BR/><BR/>Are we in Sicily?<BR/><BR/>The UK government's grovelling attitude just serves to show how right the Russians are to throw their weight about. All of us in the West can now expect more of the same! Well done!Anonymousnoreply@blogger.com