Recent insight & my next article for ‘Trusts & Trustees’

First the ‘lightbulb moment’ i.e. sudden insight – Underlying ‘Practical Ethics’, i.e. the moral case for the return of lost and stolen art, is a ‘Fiduciary Theory of Art.’ This is a relatively unexplored reservoir of ‘legal’ and universally recognised ‘ethical’ duties which exist under both private and public international law. The bridge between the two, is the ancient doctrine of ‘jus cogens’. This argument in a Mediation therefore appears to have both moral force, and a legal foundation in equity. If it does, then under English Law, the argument may have teeth. I am developing ‘Art & Cultural Heritage Law’ as a niche practice area for advisory work about: ‘Art Loans and Contracts’, ‘Duties of Bailees’, ‘Fiduciary Duties of Trustees’, and the I’HT Heritage Property Regime’. For more information please visit the ‘Mediation of Art & Cultural Heritage Disputes’ page at www.ihtbar.com. I have also been commissioned by ‘Trusts & Trustees’ (Oxford University Press), to write an in-depth article about the ‘Fiduciary Duties of Trustees of Art & Cultural Heritage Assets’, which I am co-writing with a leading academic at Cambridge University and an eminent Art Historian in London, for publication later this year or early in 2023. Work on the article will begin in August.