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The fourth volume of the J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy series is the result of a multi-day discussion on the issue of cultural heritage under siege. It features an edited collection of papers and discussions by nineteen scholars and practitioners of different specialties in the field of cultural heritage. This paper, along with the other Occasional Papers, is free and downloadable online.
This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.
The Return of Cultural Heritage to Latin America takes a new approach to the question of returns and restitutions. It is the first publication to look at the domestic politics of claiming countries in order to understand who supports the claims and why. Drawing on analysis of articles published in national newspapers and archival documents and interviews with individuals involved in return claims, the book demonstrates that such claims are inherently political. Focusing on Colombia, Mexico, and Peru, the book analyses how return claims contribute to the strengthening of state-sponsored discourses on the nation; the policy formation process that leads to the formulation of return claims; and who the main actors of the claims are, including civil society individuals, experts, state authorities, and Indigenous communities. The book proposes explanations for why Latin American countries are interested in specific objects held in Western museums and why these claims have come to light over the past three decades. The Return of Cultural Heritage to Latin America argues that return claims ought to be the object of public debate, allowing contemporary societies to address the legacy of colonialism. The book will be essential reading for scholars and students engaged in the study of museums and heritage, political science, history, anthropology, cultural policy, and Latin America.
This comprehensive collection of leading articles spans a broad range of international legal issues related to both tangible cultural material - such as archaeological and indigenous objects, fine art, shipwrecks, and cultural sites - and intangible heritage such as traditional knowledge and genetic information. Specific topics include, among others, issues of definition and attribution, on-site protection of objects and sites, illegal trafficking and repatriation of objects, and protection of intangible heritage. Special attention is paid to applicable provisions of UNESCO treaties and other international instruments and to pertinent rules of private international law. A concluding section focuses on the resolution of cultural heritage disputes by litigation and alternative methods. Along with an introduction by Professor Nafziger, this authoritative volume will be immensely valuable to students and professionals alike.
This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.
Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.
Cultural Genocide and the Protection of Cultural Heritage examines the various lenses through which the international community defines attacks on cultural heritage—legal, accountability, security, counterterrorism, and atrocity prevention—and proposes a sixth, cultural genocide, that can be used to recast the debate over how to best protect the world’s cultural heritage.
This volume contains relevant and pressing issues in the law, policy, and the practice of art and cultural heritage protection.
In the third issue of the J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy series, authors Helen Frowe and Derek Matravers pivot from the earlier tone of the series in discussing the appropriate response to attacks on cultural heritage with their paper, “Conflict and Cultural Heritage: A Moral Analysis of the Challenges of Heritage Protection.” While Frowe and Matravers acknowledge the importance of cultural heritage, they assert that we must more carefully consider the complex moral dimensions—the inevitable serious consequences to human beings—before formulating policy to forcefully protect it. A number of writers and thinkers working on the problem of preserving the world’s most treasured monuments, sites, and objects today cite what Frowe and Matravers call extrinsic and intrinsic justifications for the protection of cultural heritage. These are arguments that maintain that protecting heritage will be a key means to achieve other important goals, like the prevention of genocide, or arguments that heritage deserves to be forcefully protected for its own sake. Frowe and Matravers deconstruct both types of justifications, demonstrating a lack of clear evidence for a causal relationship between the destruction of cultural heritage and atrocities like genocide and arguing that the defense of heritage must not be treated with the same weight or urgency, or according to the same international policies, as the defense of human lives. By calling for expanded theory and empirical data and the consideration of morality in the crafting of international policy vis-à-vis cultural heritage protection, Frowe and Matravers present a thoughtful critique that enriches this important series and adds to the ongoing dialogue in the field.