International Cultural Heritage Law by Janet Blake

By Janet Blake

This booklet offers a entire evaluation of the advance of foreign cultural historical past legislation and coverage considering the fact that 1945. It units out the foreign (including neighborhood) legislation presently governing the security and safeguarding of cultural background in peace time, in addition to overseas cultural policy-making. as well as interpreting the appropriate felony frameworks, it makes a speciality of the wider coverage and different contexts in which and in keeping with which this legislations has built.

Following this procedure, cognizance is paid to: introducing foreign cultural historical past legislation and its position in foreign legislation normally; illicit excavation and the unlawful alternate in archaeological reveals; defense of underwater cultural historical past; the connection among cultural historical past and the surroundings; intangible elements of history and their safeguarding; cultural background as conventional wisdom and creativity; nearby ways to defense; and human rights matters with regards to cultural historical past. additionally, newly-emerging issues and demanding situations are addressed, together with the connection among cultural history and sustainable improvement and the gender dynamics of cultural background.

Providing either an ideal advent to cultural background legislations and deeper mirrored image on its demanding situations, this ebook can be precious for college students, students, and practitioners within the field.

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This is not surprising since it deals with the cultural and natural heritage together and the notion of a global heritage is now well-established in that field of law: ‘[t]hat the natural heritage is global is now beyond dispute. Fresh water and 62 According to Francesco Francioni, ‘Preamble’, in The 1972 World Heritage Convention—A Commentary edited by Francesco Francioni (with the assistance of Federico Lenzerini) (Oxford University Press, 2006) pp 11–21 at p 20, the Global Strategy of the 1990s led to a dynamic interpretation of ‘universality’ and contains an evident anthropological dimension of cultural heritage, as opposed to a purely aesthetic and monumental art history approach.

5 Helaine Silverman and D Fairchild Ruggles, ‘Cultural Heritage and Human Rights’, in Cultural Heritage and Human Rights edited by Helaine Silverman and D Fairchild Ruggles (Springer Science and Business Media, LLC, 2007) pp 3–23 at p 15. 6 Figure cited in Greg Borgestede, ‘Cultural Property, the Palermo Convention, and Transnational Organized Crime’, International Journal of Cultural Property, vol 21, no 3 (2014): pp 281–90. 4 million paid by the Metropolitan Museum of Art in New York for a hoard of Lydian artefacts illegally exported from Turkey in 1966 (case discussed below) as a good indicator of the kind of sums involved.

This statement neatly encompasses one of the most challenging issues in this area of law—how to reconcile a ‘nationalist/retentionist position’ with others which regard cultural heritage either as a commodity to be traded internationally or as a common heritage of humankind. The damage to the non-commercial values of cultural heritage4 that illicit excavation and subsequent illegal export and/or trade in cultural property can wreak is also mentioned here: ‘its true value can be appreciated only in relation to the fullest possible information regarding is origin, history and traditional setting’.

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