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While the question of the return of cultural objects is by no means a new one, it has become the subject of increasingly intense debate in recent years. This important book explores the removal and the return of cultural objects from occupied communities during the last two centuries and analyses the concurrent evolution of international cultural heritage law. The book focuses on the significant influence exerted by British, U.S. and Australian governments and museums on international law and museum policy in response to restitution claims. It shows that these claims, far from heralding the long-feared dissolution of museums and their collections, provide museums with a vital, new role in the process of self-determination and cultural identity. Compelling and thought-provoking throughout, this book is essential reading for archaeologists, international lawyers and all those involved in cultural resource management.
China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
New edition of Greenfield's pioneering study about the legal, political and historical aspects of cultural restitution.
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.
Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.
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 ......
"The last 150 years has seen extensive looting and illicit trafficking of Southeast Asia's cultural heritage. Art objects from the region were distributed to museums and private collections around the world. But in the 21st century, power relations are shifting, a new awareness is growing, and new questions are emerging about the representation and ownership of Southeast Asian cultural material located in the West. This book is a timely consideration of object restitution and related issues across Southeast Asia, bringing together different viewpoints including from museum professionals and scholars in Cambodia, Thailand, Vietnam and Indonesia - as well as Europe, North America and Australia. The objects themselves are at the centre of most narratives - from Khmer art to the Mandalay regalia (repatriated in 1964), Ban Chiang archaeological material and the paintings of Raden Saleh. Legal, cultural, political and diplomatic issues involved in the restitution process are considered in many of the chapters; others look at the ways object restitution is integral to evolving narratives of national identity."--Publisher's description
This book is about whether or not great works of art should be returned.
Archaeology – the study of human cultures through the analysis and interpretation of artefacts and material remains – continues to captivate and engage people on a local and global level. Internationally celebrated heritage sites such as the pyramids—both Egyptian and Mayan—Lascaux caves, and the statues of Easter Island provide insights into our ancestors and their actions and motivation. But there is much more to archaeology than famous sites. Ask any archaeologist about their job and they will touch on archaeological theory, chemistry, geology, history, classical studies, museum studies, ethical practice, and survey methods, along with the analysis and interpretation of artefacts and sites. Archaeology is a much broader subject than its public image and branches into many other fields in the social and physical sciences. This multi-volume work provides a comprehensive and systematic coverage of archaeology that is unprecedented, not only in terms of the use of multi-media, but also in terms of content. It encompasses the breadth of the subject along with key aspects that are tapped from other disciplines. It includes all time periods and regions of the world and all stages of human development. Mostly importantly, this encyclopedia includes the knowledge of leading scholars from around the world. The entries in this encyclopedia range from succinct summaries of specific sites and the scientific aspects of archaeological enquiry to detailed discussions of archaeological concepts, theories and methods, and from investigations into the social, ethical and political dimensions of archaeological practice to biographies of leading archaeologists from throughout the world. The different forms of archaeology are explored, along with the techniques used for each and the challenges, concerns and issues that face archaeologists today. The Encyclopedia of Global Archaeology has two outstanding innovations. The first is that scholars were able to submit entries in their own language. Over 300,000 words have been translated from French, Spanish, Portuguese, German, Italian, Japanese, Turkish and Russian. Many of these entries are by scholars who are publishing in English for the first time. This compendium is both a print reference and an online reference work. The encyclopedia’s second major innovation is that it harnesses the capabilities of an online environment, enhancing both the presentation and dissemination of information. Most particularly, the continuous updating allowed by an online environment should ensure that the Encyclopedia of Global Archaeology is a definitive reference work for archaeology and archaeologists.
The international controversy over who "owns" antiquities has pitted museums against archaeologists and source countries where ancient artifacts are found. In his book Who Owns Antiquity?, James Cuno argued that antiquities are the cultural property of humankind, not of the countries that lay exclusive claim to them. Now in Whose Culture?, Cuno assembles preeminent museum directors, curators, and scholars to explain for themselves what's at stake in this struggle--and why the museums' critics couldn't be more wrong. Source countries and archaeologists favor tough cultural property laws restricting the export of antiquities, have fought for the return of artifacts from museums worldwide, and claim the acquisition of undocumented antiquities encourages looting of archaeological sites. In Whose Culture?, leading figures from universities and museums in the United States and Britain argue that modern nation-states have at best a dubious connection with the ancient cultures they claim to represent, and that archaeology has been misused by nationalistic identity politics. They explain why exhibition is essential to responsible acquisitions, why our shared art heritage trumps nationalist agendas, why restrictive cultural property laws put antiquities at risk from unstable governments--and more. Defending the principles of art as the legacy of all humankind and museums as instruments of inquiry and tolerance, Whose Culture? brings reasoned argument to an issue that for too long has been distorted by politics and emotionalism. In addition to the editor, the contributors are Kwame Anthony Appiah, Sir John Boardman, Michael F. Brown, Derek Gillman, Neil MacGregor, John Henry Merryman, Philippe de Montebello, David I. Owen, and James C. Y. Watt.