| Description |
1 online resource : illustrations |
| Series |
Cultural heritage law and policy |
|
Cultural heritage law and policy.
|
| Contents |
Intro -- Title Page -- Copyright Page -- Preface -- Series Editors' Preface -- Acknowledgements -- Contents -- List of Illustrations -- Table of Cases -- Table of Instruments -- List of Abbreviations -- 1. Introduction -- 1.1 Introduction -- 1.2 Defining Culture and Cultural Objects -- 1.3 Defining Cultural Property and Cultural Heritage -- 1.4 Interests and Authority -- 1.4.1 International Community -- 1.4.2 States -- 1.4.3 Local and Descendant Communities -- 1.4.4 Contextualism -- 1.5 Structure -- 2. Origins of the Debate Concerning Location of Cultural Objects -- 2.1 Introduction -- 2.2 Armed Conflict and Cultural Objects: Antiquity to the Beginning of the Modern Era -- 2.2.1 Antiquity to the French Revolution -- 2.2.2 The French Revolution -- 2.2.3 The Napoleonic Wars and Their Aftermath -- 2.3 The Encyclopedic or Universal Museum -- 2.4 Development of the Study of the Past as a Science -- 2.4.1 Early Exploration of the Past -- 2.4.2 Towards the Science of Archaeology -- 2.4.3 Archaeology and Imperialism -- 2.5 Conclusion -- 3. Historical Appropriations/Historical Claims -- 3.1 Introduction -- 3.2 The Parthenon Sculptures -- 3.2.1 The Sculptures in Antiquity -- 3.2.2 The Sculptures in the Eighteenth and Nineteenth Centuries -- 3.2.3 The Parthenon Sculptures as Contemporary Symbol -- 3.2.4 The Rescue Narrative and Contextualism -- 3.3 The Yuanmingyuan Palace Complex -- 3.4 The Benin Cultural Objects -- 3.5 Conclusion -- 4. Appropriation of Archaeological Heritage: Market Demand and Legal Responses -- 4.1 Introduction -- 4.2 The Role of the International Market in Antiquities -- 4.2.1 Loss of Cultural and Intellectual Capital -- 4.2.2 Loss to Knowledge -- 4.2.3 Physical Integrity -- 4.2.4 Forgeries -- 4.2.5 Funding of Armed Conflict and Other Criminal Activity -- 4.3 Legal Responses |
|
4.3.1 Development of Laws Protecting Archaeological Heritage -- 4.3.2 State Ownership of Antiquities -- 4.3.3 Cultural Property Agreements and International Conventions -- 4.3.4 Customs Laws -- 4.4 Conclusion -- 5. The Right to Objects of Cultural Heritage -- 5.1 Introduction -- 5.2 The Law of Armed Conflict: The Hague Conventions -- 5.2.1 The 1899 and 1907 Hague Conventions and the Two World Wars -- 5.2.2 The Framework of the 1954 Hague Convention -- 5.3 A Human Rights Approach to the Disposition of Cultural Objects -- 5.3.1 The Role of Cultural Genocide -- 5.3.2 Human Rights and Cultural Objects -- 5.3.3 Human Remains and Burial Goods -- 5.4 International and Regional Conventions and the Regulation of Trade in Cultural Objects -- 5.4.1 The 1970 UNESCO and 1995 UNIDROIT Conventions -- 5.4.2 European Union Import and Export Restrictions -- 5.4.3 UN Security Council Resolutions -- 5.5 Conclusion -- 6. Beyond the Law: Ethical Considerations -- 6.1 Introduction -- 6.2 General Codes of Conduct -- 6.3 Codes of Conduct with Respect to Cultural Works Looted during the Holocaust -- 6.4 The 1970 UNESCO Convention as an Ethical Standard -- 6.4.1 Professional and Scholarly Associations -- 6.4.2 Museum Policies -- 6.4.3 Codes of Conduct among Market Participants -- 6.5 Human Remains and Indigenous Sacred and Cultural Objects -- 6.6 Conclusion -- 7. Historical Appropriations: Of Time and Reparative Justice -- 7.1 Introduction -- 7.2 The Problem of Time -- 7.2.1 Bars Based on Passage of Time -- 7.2.2 Bars Based on Non-Retroactivity -- 7.2.3 The Double Standard of Nineteenth-Century International Law -- 7.3 The Cultural Heritage Debate in Contemporary Context -- 7.3.1 The Rescue Narrative Revisited -- 7.3.2 The Universal or Encyclopedic Museum -- 7.3.3 National Identity -- 7.4 The Right to Reparations -- 7.4.1 Justice through Reparations |
|
7.4.2 Principles of Reparative Justice Applied: Reparations Design -- 7.4.3 Means of Reparation -- 7.5 Conclusion -- Index |
| Summary |
This work provides a comprehensive legal and historical analysis of the issues surrounding the question of where tangible, movable cultural objects that were removed without consent should be located. The book traces the historical foundations of the current legal framework on both international and national scales and examines the four lenses through which cultural objects should be analysed: the international or universalistic, the national, the local or communal, and the contextual. As such, this book melds the fragmented debate of ownership utilizing an interdisciplinary approach based in law, history, art history, anthropology, and archaeology. In an innovative approach, the work analyses several examples of appropriation spanning the nineteenth century to consider the Parthenon Sculptures, the Yuanmingyuan Palace, the Benin objects, Indigenous human remains and cultural items, and artworks looted during the Holocaust. These types of cultural objects and different circumstances of their appropriation inform the work’s proposal of a paradigm for reparations. Acknowledging that the foundations of our modern laws and ethical guidelines with respect to cultural objects are built on a history of armed conflict, imperialism, and colonialism, this work advocates for a new structure based on reparation, restitution, repatriation, compensation, and market regulation in order to cease perpetuating past harms and to disincentivize new harms. Finally, it sets out a paradigm based on process and defined principles for the restitution of human remains and cultural objects that were removed from their communities and States as a result of colonialism, armed conflict, or imperialism |
| Notes |
This edition also issued in print: 2023 |
| Bibliography |
Includes bibliographical references and index |
| Audience |
Specialized |
| Notes |
Description based on online resource; title from home page (viewed on August 24, 2023) |
| Subject |
Cultural property -- Repatriation.
|
|
Reparations for historical injustices.
|
|
Cultural property -- Repatriation
|
|
Reparations for historical injustices
|
| Form |
Electronic book
|
| ISBN |
9780191968167 |
|
0191968161 |
|
9780192872111 |
|
0192872117 |
|
