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For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.
It is convenient to think that bad guys are drumming up money for their activities far away and in shady back alleys, but the violent non-state actors (VNSAs) of the world are hiding in plain sight. They peddle knockoff sneakers, pass the hat at ethnic festivals, take a cut of untaxed booze sales, swindle senior citizens with bogus phone calls about needing bail in Mexico, and run money through mainstream banks to buy up rental properties (just to name a few). On a grand scale, their behavior erodes rule of law, creates moral injuries from corruption, and emboldens bad actors to steal and back violent tactics with impunity. Blood Money analyzes the ways in which VNSAs find money for their operations and sustainment, from controlling a valuable commodity to harnessing the grievances of a networked diaspora, and it looks at the channels through which they can flip the positives of globalization into flat, fast, and frictionless movement of people, funds, and materials needed to terrorize and coerce their opponents. Author Margaret Sankey highlights the mundane and everyday nature of these tactics, occurring under our noses online, in legitimate marketplaces, and with the aegis of intelligence services and national governments. While reforms attempt to curtail these options, their utility and efficacy as tools of finance have proved inadequate for sovereign states. VNSAs' defiance of rules and their capable adaptation and innovation make them extremely difficult to pin down or prosecute. Many security publications stress legislation and enforcement or frame illicit finance as a military or police problem. With Blood Money, Sankey points out the many ways VNSAs evade law enforcement, and she offers options for involving consumers and activists in exercising agency and choices in how they apply their money and where it goes. Blood Money also provides context for whole-of-government approaches to attacking underlying supports for illicit financing channels. How these groups finance themselves is key to understanding how they function and what actions might be taken to derail their plans or dismantle their structure.
Exiled in 1948, Palestinians were robbed of their private property when looting became weaponized During the 1948 War, Israeli fighters and residents alike plundered Palestinian homes, shops, businesses, and farms. This bitter truth was then suppressed or forgotten over the coming years. Tens of thousands took part in the pillage of Palestinian property, stealing the belongings of their former neighbours. The implications of this mass looting go far beyond the personality or moral fibre of those who took part. Plundering served a political agenda by helping to empty the country of its Palestinian residents. In this context, it was part of the prevailing policy during the war – one designed to crush the Palestinian economy, destroy villages, and to confiscate and sometimes destroy crops and harvests remaining in the depopulated zones. The participating Jewish public became a stakeholder, motivated to prevent Palestinian residents from returning to the villages and cities they had left. These ordinary people were mobilized in the push for the segregation of Jews and Arabs in the early years of statehood. With painstaking original research into primary sources, Adam Raz has brought to light a tragic moment in the history of a conflict that roils the region and the wider world. As the details of the Nakba are understood and documented, redress for Palestinian grievances comes closer to reality.
The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.
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.
The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts.
In this sweeping book, one of today's leading political philosophers, Leif Wenar, goes behind the headlines in search of the hidden global rule that thwarts democracy and development-and that puts shoppers into business with some of today's most dangerous men.
Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.
This book aims to advance the understanding of cultural property in armed conflict, and its significance for anti-terrorism and peace-building strategies. As the author argues, ISIS’ orchestrated theft and destruction of cultural property has become a tactic of war. Through a historical, political, and legal analysis, this book explains the pathology of radical groups’ behavior toward cultural objects as part of their terror campaign. Using constructivist ideas, it explains the importance of cultural property in the context of short-term and long-term security and analyzes the evolution of laws and policies to protect it.
National Treasures explores the fate of French art and heritage during the Nazi occupation of France, revealing the roots of contemporary cultural policy in the Vichy era and exposing a hidden convergence of resistance and collaboration in French museology.