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Indigenous Peoples' Cultural Property Claims
This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.
The Case for Repatriating China’s Cultural Objects
This book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positiv...
Cultural Property Law and Restitution
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
Restitution
Debates about the restitution of cultural objects have been ongoing for many decades, but have acquired a new urgency recently with the intensification of scrutiny of European museum collections acquired in the colonial period. Alexander Herman's fascinating and accessible book provides a comprehensive and up-to-date overview of the restitution ......
Cultural Property Crime and the Law
This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property. The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the pres...
Witnesses to History
This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.
Cultural Property and Contested Ownership
Against the backdrop of international conventions and their implementation, Cultural Property and Contested Ownership explores how highly-valued cultural goods are traded and negotiated among diverging parties and their interests. Cultural artefacts, such as those kept and trafficked between art dealers, private collectors and museums, have become increasingly localized in a ‘Bermuda triangle’ of colonialism, looting and the black market, with their re-emergence resulting in disputes of ownership and claims for return. This interdisciplinary volume provides the first book-length investigation of the changing behaviours resulting from the effect of the 1970 UNESCO Convention on the Means ...
The Ethics of Collecting Cultural Property
Explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts.
Utimut
This book identifies a need to move beyond discussions of ownership, power and control in favour of exploring new kinds of partnerships between museums and the peoples or countries of origin, partnerships based on equitability and reconciliation.
The Return of Cultural Treasures
New edition of Greenfield's pioneering study about the legal, political and historical aspects of cultural restitution.
