The passage of the Archaeological Resources Protection Act (ARPA) in 1979 was a watershed moment in the movement to protect cultural objects against looting. This brief volume provides practical help to those who wish to use the provisions of ARPA_archaeologists, government land managers, preservation groups, and attorneys_to maximize its protective net. The distinguished group of authors, all veterans of ARPA enforcement efforts, first provides a comprehensive history of passage of the law and highlights some key cases that shaped its impact. Other chapters offer concrete instructions on establishing archaeological valuation and assessing damage to cultural sites. A final section provides a menu of legal strategies now available for use to strengthen and extend the provisions of the law. For cultural resource professionals working under ARPA's provisions, this book will be an invaluable, guide for daily practice.
The passage of the Archaeological Resources Protection Act (ARPA) in 1979 was a watershed moment in the movement to protect cultural objects against looting. This brief volume provides practical help to those who wish to use the provisions of ARPA_archaeologists, government land managers, preservation groups, and attorneys_to maximize its protective net. The distinguished group of authors, all veterans of ARPA enforcement efforts, first provides a comprehensive history of passage of the law and highlights some key cases that shaped its impact. Other chapters offer concrete instructions on establishing archaeological valuation and assessing damage to cultural sites. A final section provides a menu of legal strategies now available for use to strengthen and extend the provisions of the law. For cultural resource professionals working under ARPA's provisions, this book will be an invaluable, guide for daily practice.
The Oxford Handbook of Public Archaeology seeks to reappraise the place of archaeology in the contemporary world by providing a series of essays that critically engage with both old and current debates in the field of public archaeology. Divided into four distinct sections and drawing across disciplines in this dynamic field, the volume aims to evaluate the range of research strategies and methods used in archaeological heritage and museum studies, identify and contribute to key contemporary debates, critically explore the history of archaeological resource management, and question the fundamental principles and practices through which the archaeological past is understood and used today.
Presenting both the need for - and difficulty of - introducing effective cultural resource management (CRM) in the region, 'Rethinking Cultural Resource Management' in Southeast Asia explores the challenges facing efforts to protect Southeast Asia's indigenous cultures and archaeological sites from the ravages of tourism and economic development. Recognising the inapplicability of Euro-American solutions to this part of the world, the essays of this volume investigate their own set of region-specific CRM strategies, and acknowledge both the necessity and possibility of mediating between the conflicting interests of short-term profitability and long-term sustainability.
This book presents the multidisciplinary field of forensic archaeology as complementary but distinct from forensic anthropology. By looking beyond basic excavation methods and skeletal analyses, this book presents the theoretical foundations of forensic archaeology, novel contexts and applications, and demonstrative case studies from practitioners active in the field. Many of the chapters present new approaches and methods not previously covered in other forensic archaeology books, some of which may be of direct use to those conducting criminal investigations.
Most students who pursue a career in archaeology will find employment in cultural resource management (CRM), rather than in academia or traditional fieldwork. It is CRM, the protection and preservation of archaeological and other resources, that offers the jobs and provides the funding. Few textbooks, however, are dedicated to teaching students the techniques and practices of this field. Cultural Resources Archaeology, now brought completely up date in this second edition and replete with new case studies from the western U.S., fills in the gap. Drawing on their decades of teaching and field experience, the authors walk students through the intricacies of CRM. They clearly describe the processes of designing a project, conducting assessment, testing, doing essential mitigation work (Phases I, II, and III), and preparing reports. The book's emphasis on real-world problems and issues, use of extensive examples from around the country, and practical advice on everything from law to logistics make it an ideal teaching tool for archaeology students who dream of becoming practicing archaeologists.
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 idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.
This book is about the tangled relationship between Native peoples and archaeologists in the American Southwest. Even as this relationship has become increasingly significant for both "real world" archaeological practice and studies in the history of anthropology, no other single book has synthetically examined how Native Americans have shaped archaeological practice in the Southwest and how archaeological practice has shaped Native American communities. From oral traditions to repatriations to disputes over sacred sites, the next generation of archaeologists (as much as the current generation) needs to grapple with the complex social and political history of the Southwest's Indigenous communities, the values and interests those communities have in their own cultural legacies, and how archaeological science has impacted and continues to impact Indian country.
Museums and Archaeology brings together a wide, but carefully chosen, selection of literature from around the world that connects museums and archaeology. Part of the successful Leicester Readers in Museum Studies series, it provides a combination of issue- and practice-based perspectives. As such, it is a volume not only for students and researchers from a range of disciplines interested in museum, gallery and heritage studies, including public archaeology and cultural resource management (CRM), but also the wide range of professionals and volunteers in the museum and heritage sector who work with archaeological collections. The volume’s balance of theory and practice and its thematic and geographical breadth is explored and explained in an extended introduction, which situates the readings in the context of the extensive literature on museum archaeology, highlighting the many tensions that exist between idealistic ‘principles’ and real-life ‘practice’ and the debates that surround these. In addition to this, section introductions and the seminal pieces themselves provide a comprehensive and contextualised resource on the interplay of museums and archaeology.
