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Public and private institutions in the United States have long been home to a variety of art works, antiquities, and ethnological materials. For years, these collections have been seen as important archives that allow present and future generations to enjoy, appreciate, and value the art of all cultures. The past decade, however, has seen major changes in law and public policy and an active, ongoing debate over legal and ethical issues affecting the ownership of art and other cultural property. Contributors to Who Owns the Past? include legal scholars, museum professionals, anthropologists, archaeologists, and collectors. In clear, nontechnical language, they provide a comprehensive overview...
Explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts.
In 1991 the mosque at Ayodhya in India was demolished by Hindu fundamentalists who claim that it stood on the birthplace of a legendary Hindu hero. During recent conflicts in former Yugoslavia, ethnic groups destroyed mosques and churches to eliminate evidence of long-term settlement by other communities. Over successive centuries, however, a single building in Cordoba functioned as a mosque, a church and a synagogue. The Roman Emperor Diocletian's Palace in Split is occupied today by shops and residential apartments. What circumstances have lead to the survival and reinterpretation of some monuments, but the destruction of others? This work asks whether the idea of world heritage is an esse...
Provides a comprehensive examination of the field of International Cultural Heritage Law, Explores links with other areas of public and private international law, as well as analysing how cultural heritage law is contributing to the development of international law as a whole, Examines the implementation of cultural heritage law in a wide range of regional contexts including Africa, Americas, Asia, Oceania, and the Middle East Book jacket.
The Routledge Companion to Cultural Property contains new contributions from scholars working at the cutting edge of cultural property studies, bringing together diverse academic and professional perspectives to develop a coherent overview of this field of enquiry. The global range of authors use international case studies to encourage a comparative understanding of how cultural property has emerged in different parts of the world and continues to frame vital issues of national sovereignty, the free market, international law, and cultural heritage. Sections explore how cultural property is scaled to the state and the market; cultural property as law; cultural property and cultural rights; an...
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.
This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of ...
At the request of UNESCO, Jiri Toman, Acting Director of the Henry Dunant Institute in Geneva has written this detailed analysis of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict - still the only universal legal instrument in this field. The author has used the materials that emerged from the preparatory work for the Convention and has taken numerous examples from UNESCO’s records about the application of the Convention in conflicts over the last 40 years to illustrate this article-by-article commentary on the Convention itself, the Regulations for its Execution, and its Protocol. The author establishes parallels with other international le...
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 ...
International law, cultural property, Hague Convention.