Author: Barbara T. Hoffman
Publisher: Cambridge University Press
Release Date: 2006
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.
Author: Francesco Francioni
Publisher: Oxford University Press
Release Date: 2013-06-06
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.
Art and cultural crime is a looming criminal enterprise with estimated losses of billions of dollars annually. How do these crimes happen? How prevalent are these crimes today? Stealing History looks at the security and policing surrounding these crimes, and how there is room for improvement to prevent more of history from being stolen.
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.
Author: Gary Edson
Release Date: 2005-09-27
Genre: Business & Economics
A number of developments in the museum movement during the last few years have forced museums to give greater attention to ethical issues. Members of a profession are increasingly regarded constituting an ethical community. Every person with such a community must have a sense of personal obligation as well as a responsibilty for others to assure ethical achievement. This volume firmly places notions of ethics in the field of action. Museum Ethics considers the theoretical and practical elements of the philosophy of conduct in relation to critical contemporaty issues and museums. This discussion encompasses the procurement of artifacts, the rights of indigenous peoples, repatriation, the politics of display, the conservation of objects and the role of education, as well as the day-to-day management of a museum. All persons active in museum matters, whether custodian, curator, or trustee have an ethical obligation to the museum profession and the public. This volume will allow the professional and student to work towards a more responsible and responsive museum community.
Author: Lucas Lixinski
Publisher: OUP Oxford
Release Date: 2013-06-13
Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.
Author: Peter Bille Larsen
Release Date: 2017-11-20
Genre: Social Science
The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.
Author: Ana Filipa Vrdoljak
Publisher: Cambridge University Press
Release Date: 2006-07-13
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.
Author: Professor Keith Howard
Publisher: Ashgate Publishing, Ltd.
Release Date: 2012-10-28
Focussing on music traditions, these essays explore the policy, ideology and practice of preservation and promotion of East Asian intangible cultural heritage. For the first time, Japan, Korea, China and Taiwan - states that were amongst the first to establish legislation and systems for indigenous traditions - are considered together. Calls to preserve the intangible heritage have recently become louder, not least with increasing UNESCO attention. The imperative to preserve is, throughout the region, cast as a way to counter the perceived loss of cultural diversity caused by globalization, modernization, urbanization and the spread of the mass media. Four chapters - one each on China, Korea, Taiwan and Japan - incorporate a foundational overview of preservation policy and practice of musical intangible cultural heritage at the state level. These chapters are complemented by a set of chapters that explore how the practice of policy has impacted on specific musics, from Confucian ritual through Kam big song to the Okinawan sanshin. Each chapter is based on rich ethnographic data collected through extended fieldwork. The team of international contributors give both insider and outsider perspectives as they both account for, and critique, policy, ideology and practice in East Asian music as intangible cultural heritage.
This volume provides an unparalleled exploration of ethics and museum practice, considering the controversies and debates which surround key issues such as provenance, ownership, cultural identity, environmental sustainability and social engagement. Using a variety of case studies which reflect the internal realities and daily activities of museums as they address these issues, from exhibition content and museum research to education, accountability and new technologies, Museums, Ethics and Cultural Heritage enables a greater understanding of the role of museums as complex and multifaceted institutions of cultural production, identity-formation and heritage preservation. Benefitting from ICOM’s unique position in the museum world, this collection brings a global range of academics and professionals together to examine museums ethics from multiple perspectives. Providing a more complete picture of the diverse activities now carried out by museums, Museums, Ethics and Cultural Heritage will appeal to practitioners, academics and students alike.
Author: James A. R. Nafziger
Publisher: Edward Elgar Pub
Release Date: 2012
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.
Author: Roberta Garabello
Publisher: Martinus Nijhoff Publishers
Release Date: 2003-01-01
The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).
Heritage Sites in Contemporary China: Cultural Policies and Management Practices focuses on cultural heritage policies in China emerging in the period of the 11th and 12th Five Year Plans. Various important Chinese sites across China are investigated, including Luoyang Sui, Daming Gong, Niuheliang, Xinjiang, and Nanyuewang through the dual perspective of archaeological debate and as a case study of policy making. It explores the relationship between policy and the institutional and administrative conditions, such as budgeting and land concerns, which affect it. Building on the research project implemented by the China Academy for Cultural Heritage (CACH) from 2012–2014, which focused on the impact of the Dayizhi Policy for Great Archaeological Sites, the book provides an interdisciplinary insider’s approach to viewing archaeological discoveries; policies and emerging practices in site and archaeological management; and public administration in China. Featuring contributions from experts within CACH and from the Chinese community of archaeologists, and including numerous tables, data and maps, it will appeal to researchers and scholars in disciplines such as archaeology, heritage management, public administration, and policy making.
This volume analyzes the politics, policy and practice of cultural heritage at the global level, identifying the major directions in which international heritage practice is moving, and exploring the key issues likely to shape the cultural heritage field well into the twenty-first century. It examines the tensions between the universal claims of much heritage practice, particularly that associated with the World Heritage system, and national and local perspectives. It explores the international legal framework developed since World War Two to protect heritage, particularly at times of war, and from theft, showing how contemporary global problems of conflict and illicit trade continue to challenge the international legal system. Heritage and Globalisation critiques the incorporation of heritage in the world economy through the policies of international development organisations and the global tourism trade. It also approaches heritage from seldom-considered perspectives, as a form of aid, as a development paradigm, and as a form of sustainable practice. The book identifies some of the most pressing issues likely to face the heritage industry at a global level in coming decades, including the threat posed by climate change and the need for poverty reduction. Providing a historically and theoretically rigorous approach to heritage as a form of and manifestation of globalisation, the volume’s emphasis is on contemporary issues and new fields for heritage practice.
Author: Constantine Sandis
Publisher: Open Book Publishers
Release Date: 2014-10-13
Theory without practice is empty, practice without theory is blind, to adapt a phrase from Immanuel Kant. The sentiment could not be truer of cultural heritage ethics. This intra-disciplinary book bridges the gap between theory and practice by bringing together a stellar cast of academics, activists, consultants, journalists, lawyers, and museum practitioners, each contributing their own expertise to the wider debate of what cultural heritage means in the twenty-first century. Cultural Heritage Ethics provides cutting-edge arguments built on case studies of cultural heritage and its management in a range of geographical and cultural contexts. Moreover, the volume feels the pulse of the debate on heritage ethics by discussing timely issues such as access, acquisition, archaeological practice, curatorship, education, ethnology, historiography, integrity, legislation, memory, museum management, ownership, preservation, protection, public trust, restitution, human rights, stewardship, and tourism. This volume is neither a textbook nor a manifesto for any particular approach to heritage ethics, but a snapshot of different positions and approaches that will inspire both thought and action. Cultural Heritage Ethics provides invaluable reading for students and teachers of philosophy of archaeology, history and moral philosophy – and for anyone interested in the theory and practice of cultural preservation.