This series of short volumes, each devoted to a theme which is the subject of contemporary debate in archaeology, ranges from issues in theory and method to aspects of world archaeology. If 'all property is theft', then cultural property is nothing less than the theft of culture. The term 'cultural property' is widespread in the field of heritage management and is a particularly powerful concept in legal approaches. The term and the concept it represents are never discussed, however. The idea that material that comes to us from the past should be considered 'property' accordingly seems to be taken for granted by those charged with its care. Any debate that does take place is limited to comparing private with state ownership, often under the pretence that the latter represents a form of 'stewardship'. This radical work seeks to challenge the dominance of these limiting ideas by looking for alternatives. Taking as a starting-point the four different types of property relation generally recognised by lawyers and economists, the book explores the implications for cultural objects of different property regimes.In presenting an argument that the concept of 'property' is inappropriate for the heritage, the book challenges much that is taken for granted and undiscussed in the field of heritage management.
In Cultural Property Crime various experts in the fields of criminology, art law, heritage studies, law enforcement, forensic psychology, archaeology, art history and journalism provide multidisciplinary perspectives on today’s concept of cultural property crime, including art crime. In addition, the volume deals with international, legal and practical developments regarding the increasing criminalization of acts against cultural property in times of conflict. Attention is paid to the changing status and fluctuating appraisal of cultural property as subject to classical art crimes generally in peacetime and as an identity-related symbolic target during conflict. The book covers a wide range of topics such as forgeries, white-collar crime, archaeological looting and the impact of war on cultural heritage.
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 of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The collection considers the impact of the Convention on the way antiquity dealers, museums and auction houses, as well as nation states and local communities, address issues of provenance, contested ownership, and the trafficking of cultural property. The book contains a range of contributions from anthropologists, lawyers, historians and archaeologists. Individual cases are examined from a bottom-up perspective and assessed from the viewpoint of international law in the Epilogue. Each section is contextualised by an introductory chapter from the editors.
Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.
The theft, trafficking, and falsification of cultural property and cultural heritage objects are crimes of a particularly complex nature, which often have international ramifications and significant economic consequences. Organized criminal groups of various types and origins are involved in these illegal acts. The book Crime in the Art and Antiquities World has contributions both from researchers specializing in the illegal trafficking of art, and representatives of international institutions involved with prevention and detection of cultural property-related crimes, such as Interpol and UNESCO. This work is a unique and useful reference for scholars and private and public bodies alike. This innovative volume also includes an Appendix of the existing legal texts, i.e. international treaties, conventions, and resolutions, which have not previously been available in a single volume. As anyone who has undertaken research or study relating to the protection of cultural heritage discovers one of the frustrations encountered is the absence of ready access to the multi- various international instruments which exist in the field. Since the end of the Second World War these instruments have proliferated, first in response to increasing recognition of the need for concerted multinational action to give better protection to cultural property during armed conflict as well as ensuring the repatriation of cultural property looted during such conflict. Thus the international community agreed in 1954 upon a Convention for the Protection of Cultural Property in the Event of Armed Conflict. That Convention, typically referred to as the Hague Convention of 1954, is now to be found reproduced in the Appendix to this book (Appendix I) together with 25 other important and diverse documents that we believe represent a core of the essential international sources of reference in this subject area. In presenting these documents in one place we hope that readers will now experience less frustration while having the benefit of supplementing their understanding and interpretation of the various instruments by referring to individual chapters in the book dealing with a particular issue or topic. For example, Chapter 9 by Mathew Bogdanos provides some specific and at times rather depressing descriptions of the application in the field of the Hague Convention 1954, and its Protocols (Appendices II and III), to the armed conflict in Iraq. Reference may also be had to the resolution of the UN Security Council in May 2003 (Appendix VI) urging Member States to take appropriate steps to facilitate the safe return of looted Iraqi cultural property taken from the Iraq National Museum, the National Library and other locations in Iraq. Despite such pleas the international antiquities market seems to have continued to trade such looted property in a largely unfettered manner, as demonstrated by Neil Brodie in Chapter 7. Fittingly, as referred to in the Preface to this book, the last document contained in the Appendix (Appendix 26) is the “Charter of Courmayeur”, formulated at a ground breaking international workshop on the protection of cultural property conducted by the International Scientific and Professional Advisory Council (ISPAC) to the United Nations Crime Prevention and Criminal Justice Program in Courmayeur, Italy, in June 1992. The Charter makes mention of many of the instruments contained in the Appendix while also foreshadowing many of the developments which have taken place in the ensuing two decades designed to combat illicit trafficking in cultural property through international collaboration and action in the arena of crime prevention and criminal justice.
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.
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; and emerging forms of cultural property, from yoga to the national archive. By bringing together disciplinary perspectives from anthropology, archaeology, law, Indigenous studies, history, folklore studies, and policy, this volume facilitates fresh debate and broadens our understanding of this issue of growing importance. This comprehensive and coherent statement of cultural property issues will be of great interest to cultural sector professionals and policy makers, as well as students and academic researchers engaged with cultural property in a variety of disciplines.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
