Cultural Heritage Law

Ensuring the Viability of Cultural Heritage: The Role of International Heritage Law for Pacific Island States

by Erika Techera

in D Niles & G Baldacchino (Eds), Island Futures: Conservation and Development Across the Asia-Pacific Region (Springer Link, 2011)

Many island societies now face the challenges of severe depopulation and loss of indigenous culture. In some cases,... more Many island societies now face the challenges of severe depopulation and loss of indigenous culture. In some cases, where the value of indigenous knowledge, nature and culture is widely recognized - as in the case of islands that are designated as, or have, Biosphere Reserves or World Heritage Sites - these challenges may be overcome. Even with such protections local cultures are often displaced by excessive tourist visitations, and the resulting ecosystem degradation and cultural commoditization. How best to manage and conserve the natural and cultural beauty, identity and diversity of islands? 'Island Futures' provides an extensive and unique critical examination of 'special island places' from around the world. Case study material is largely drawn from South-East Asia and the Pacific (Galapagos, Hawaii, Indonesia, Japan, Jeju, Okinawa, Solomons, Taiwan). Distinct chapters consider the political, institutional, economic, legal, cultural, ecological, and community dynamics involved in island futures.Island Futures

La protecció del patrimoni cultural moble: guia per a l'elaboració dels catàlegs municipals de béns protegits

by Pere Izquierdo i Tugas

Co-authored with M. Julià, M. Costa, M.A. Cortés, X. Menéndez, D. Solé and T. Reyes.

Art Crimes Conference 2012 Call for Presenters

by Rene Du Terroil

Gli Open Air Museums come risorsa economica

by Giuliano Lemme

Ethics, Underwater Cultural Heritage, and International Law.

by Thijs Maarleveld

Maarleveld, Th.J., 2011
Ethics, Underwater Cultural Heritage, and International Law. Chapter 40 in: Alexis Catsambis, Ben Ford, and Donny L. Hamilton (Eds.) The Oxford Handbook of Maritime Archaeology, Oxford / New York, pp. 917-941.

The Netherlands. The Protection of the Underwater Cultural Heritage.

by Thijs Maarleveld

Maarleveld, Th.J., 2006
Chapter 8, The Netherlands in: Sarah Dromgoole (ed.), The Protection of the Underwater Cultural Heritage. National Perspectives in Light of the UNESCO Convention 2001, Leiden / Boston, pp. 161-188.

Portable Antiquities in England and Wales: Current Reporting Arrangements and a Proposed Statutory System

by Ben Ward

Art Antiquity and Law

Volume I, Issue 3 (August 1996)

Cypriot antiquities rescue from the Turkish deep state: the rescue of forgeries, and the death of Stephanos Stephanou

by Sam Hardy

Paper presented at the International Conference on Archaeology in Conflict, Vienna, Austria, 6th-10th April 2010.

Looting of Cypriot cultural heritage has been a problem since the Nineteenth Century, but a paramilitary-controlled... more Looting of Cypriot cultural heritage has been a problem since the Nineteenth Century, but a paramilitary-controlled illicit antiquities trade exploded during the intercommunal conflict of 1963-1974; and after the Greek-backed coup and the Turkish invasion of 1974, the worst extremes continued in northern Cyprus.

Looted antiquities' "rescue" has long been one "solution", which has included not only a secret agreement between Greek Cypriot archaeologists and Greek Cypriot private collectors, but also apparently illegal Greek Cypriot undercover antiquities police purchasing from Turkish Cypriot and Turkish nationalist terrorist groups.

Greek Cypriot and Turkish Cypriot administrations' mutual non-cooperation has not only had tragic consequences for Cypriot cultural heritage. Here, I wish to explore Greek Cypriot undercover antiquities police agent Stephanos Stephanou's arrest by Turkish Cypriot antiquities police, and his death in Turkish Cypriot custody.

Interrogating Archaeological Ethics in Conflict Zones: Cultural Heritage Work in Cyprus

by Sam Hardy

Hardy, S A. 2011: Interrogating Archaeological Ethics in Conflict Zones: Cultural Heritage Work in Cyprus. Brighton: University of Sussex - DPhil thesis.

Much affected by viewing the Yugoslav Wars’ ruins, I resolved to study archaeology in conflict. I wanted to explore... more Much affected by viewing the Yugoslav Wars’ ruins, I resolved to study archaeology in conflict. I wanted to explore archaeology’s role in conflict and archaeologists’ responsibilities in conflict zones; but unable to conduct such work in Kosova/Kosovo, I went to Cyprus.

Drawing together professional documentation and public education, professional and community interactions and interviews, and cultural heritage site visits, I researched the destruction of community places, the looting of cultural heritage, and the coping strategies of archaeologists.

The key questions of this thesis are:

Is it legal and ethical to conduct archaeological work in occupied and secessionist territories?
How is public knowledge of cultural heritage looting and destruction constructed?
What are cultural heritage professionals’ responsibilities for knowledge production during conflict? How ought cultural heritage professionals to combat the looting and illicit trading of antiquities?
I have addressed these questions by concentrating upon cultural heritage workers’ narratives of looting and destruction from 1955 until the present in professional discussion and mass education.

First, I argue that archaeologists have misinterpreted international law, and through boycotting and blacklisting of rescue archaeology in northern Cyprus, harmed both the profession and the cultural heritage.

Second, I argue that cultural heritage workers have been unwillingly co-opted, or actively complicit in the conflict, in the production of nationalist histories, and thus nationalist communities, therefore in the reproduction of nationalist conflict.

Third, I argue that cultural heritage workers have knowingly contributed to the conflict and its destruction, through their nationalist policies on the paramilitary-dominated illicit antiquities trade.

My conclusions are: that an ethical antiquities policy would cut funding to and thereby reduce conflict-fuelling extremist activity; and that, where they have the freedom to practice it, professional and ethical archaeologies of destruction would promote intracommunal and intercommunal peace.

Poverty and the Loss of Cultural Heritage Sites

by Stefan Gruber

POVERTY ALLEVIATION AND ENVIRONMENTAL LAW, Y. Le Bouthillier, M.A. Cohen, J. Gonzalez Marquez, A. Mumma and S. Smith, eds., Forthcoming
Presented at The Sixth Annual Colloquium of the IUCN Academy of Environmental Law, Metropolitan Autonomous University, Azcapotzalco, Mexico City, November 10-15, 2008
Sydney Law School Research Paper No. 09/08

Poverty does not only cause environmental degradation, but it often also leads to a significant drain on the cultural... more Poverty does not only cause environmental degradation, but it often also leads to a significant drain on the cultural wealth of societies. What cultural and natural heritage have in common is that they are non-renewable resources, and many approaches and mechanisms for their protection are very similar. The effects and causes of poverty on cultural heritage sites are very diverse. They involve such things as a lack of funds and staff engaged in heritage protection, urbanization and gentrification, among others. Inhabited heritage sites are especially threatened by the effects of poverty. The aim of the chapter is to highlight those connections and to examine how provisions from different areas of law can assist in breaking this chain.

The Impact of Climate Change on Cultural Heritage Sites: Environmental Law and Adaptation

by Stefan Gruber

2/2011 Carbon and Climate Law Review 209
Paper presented at 'Climate Change Governance after Copenhagen', University of Hong Kong, 4-5 November 2010; 'Climate: Science and Humanities', Harvard University, 2-4 March 2010; 'Climate Law in Developing Countries post-2012: North and South Perspectives', IUCN, Academy of Environmental Law, University of Ottawa, 26-28 September 2008
Sydney Law School Research Paper No. 08/117

Climate change poses a severe threat to many cultural heritage sites. Threats include floods, increasing extreme... more Climate change poses a severe threat to many cultural heritage sites. Threats include floods, increasing extreme weather events, desertification, deterioration of permafrost, and the decay of cultural landscapes. Protecting cultural heritage sites proves to be very difficult as they are very diverse. The key to successful mitigation is - in addition to reducing carbon emissions - to reduce stress from unsustainable activities, which may aggravate the negative impact of climate change. This paper argues that provisions from various areas of environmental law, such as heritage conservation law, pollution law, land use law, construction law, water law, environmental impact assessment law, and planning law, must be used in an integrated way with the aim of mitigating and adapting to the effects of climate change on heritage properties. Of particular importance in this context is the application of the precautionary principle when dealing with heritage sites.

Protecting China’s Cultural Heritage Sites in Times of Rapid Change: Current Developments, Practice and Law

by Stefan Gruber

10(3&4) Asia Pacific Journal of Environmental Law 253 (2007)

China’s long cultural history is unique and extremely rich, with countless sites providing evidence of this. Apart... more China’s long cultural history is unique and extremely rich, with countless sites providing evidence of this. Apart from the well-known World Heritage Sites these include old suburbs, archaeological sites, monuments, cultural landscapes, shipwrecks etc. In recent years, the Chinese government has rediscovered the great value of China’s cultural heritage and introduced numerous legislative acts for its protection. Since the introduction of the “Open Door Policy” of the 1970s significant progress has been made despite the need to completely redevelop China’s legal system after the Cultural Revolution. However, the increased efforts of China’s authorities in protecting China’s heritage are facing the consequences of the country’s rapid economic and social development. Old parts of cities are being replaced by modern housing areas, cultural landscapes are disappearing, and many heritage sites are being destroyed by construction projects or disrepair. Heritage protection agencies lack the necessary staff and funds to protect heritage sites from further destruction or from being looted by criminals who supply the illicit art market. This article argues that, in the face of rapid economic development exacting its toll on the remaining Chinese heritage sites, it is urgent to examine how these sites can be preserved and included into the development process without letting them stand in competition to it, as their loss would be a tragedy for all humankind.

Pubblico ma non pubblico: prospettive normative sulla proprietà intellettuale dei dati archeologici

by Mario Trabucco

published in "Cignoni, P. - Palombini, A. - Pescarin, S. (edd.), ARCHEOFOSS Open Source, Free Software e Open Format nei processi di ricerca archeologica. Atti del IV Workshop (Roma, 27-28 aprile 2009), Archeologia e Calcolatori, Supplemento 2, 2009, 65-70

This paper is a reappraisal of the general principles of the laws on cultural heritage, with the possibilities offered... more This paper is a reappraisal of the general principles of the laws on cultural heritage, with the possibilities offered by the laws on transparency and copyright, and it debates the idea of a State-exclusive on the publication of archaeological data and the granting new opportunities for freedom of research and scientific information in the interest of everyone.

Developer pays...or does he?

by Paolo Ciuchini

Ciuchini, P. 2010. 'Developer pays...or does he?' Archaeology Ireland 24(4): 12-13.

As private sector archaeologists in Ireland struggle to cope with the negative effects of the recent development... more As private sector archaeologists in Ireland struggle to cope with the negative effects of the recent development meltdown, this article analyses the relationship between the ‘developer pays’ principle and the ongoing problem of non-publication of excavations and other issues.

To Embed or Not to Embed?: Archaeologists, Cultural Heritage Managers and the United States Military

by Allison Cuneo

A very short summary of the talk "The ethics of embedding: cultural heritage experts and the armed forces" presented at the International Conference on "Archaeology and Conflict" presented by the World Archaeological Congress and the Association of National Committees of the Blue Shield held in Vienna, Austria 6-10 April 2010. Published in Forum Archaeologiae 55/VI/2010 (http://farch.net).

*Many thanks to Sarah Peterson for helping edit this work!

Treaties, Time Limits and Treasure Trove: The Legal Protection of Cultural Objects in Singapore

by Jack Tsen-Ta Lee

(2004) 9(3) Art, Antiquity & Law 237

This article considers the extent to which civil and criminal law in Singapore deters the unlawful removal of cultural... more This article considers the extent to which civil and criminal law in Singapore deters the unlawful removal of cultural objects from the possession of private owners, art galleries and museums, or from archaeological sites, and provides redress to victims. Given Singapore's position as the crossroads of Asia, the law must be able to cope with the flow of objects in and out of the country. The law is currently deficient as it is not tailored to deal with issues concerning cultural heritage, and needs to be reformed in several respects. There are sound reasons for a modern State like Singapore to enact legislation, as well as to enter into regional and international treaties, to protect its national heritage and to promote global co-operation in opposing the illicit trade in unlawfully removed cultural objects.

Review Essay: Legislating Heritage (2010)

by Alexander Bauer

review of Barbara Hoffman (ed.), Art and Cultural Heritage: Law, Policy, and Practice, and Ana Filipa Vrdoljak, International Law, Museums, and the Return of Cultural Objects