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Author: Brigitta Hauser-Schäublin
Publisher: Routledge
ISBN: 1317281837
Category : Social Science
Languages : en
Pages : 260
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Book Description
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.
Author: Brigitta Hauser-Schäublin
Publisher: Routledge
ISBN: 1317281837
Category : Social Science
Languages : en
Pages : 260
Get Book Here
Book Description
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.
Author: James Cuno
Publisher: Princeton University Press
ISBN: 1400833043
Category : Art
Languages : en
Pages : 233
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Book Description
The international controversy over who "owns" antiquities has pitted museums against archaeologists and source countries where ancient artifacts are found. In his book Who Owns Antiquity?, James Cuno argued that antiquities are the cultural property of humankind, not of the countries that lay exclusive claim to them. Now in Whose Culture?, Cuno assembles preeminent museum directors, curators, and scholars to explain for themselves what's at stake in this struggle--and why the museums' critics couldn't be more wrong. Source countries and archaeologists favor tough cultural property laws restricting the export of antiquities, have fought for the return of artifacts from museums worldwide, and claim the acquisition of undocumented antiquities encourages looting of archaeological sites. In Whose Culture?, leading figures from universities and museums in the United States and Britain argue that modern nation-states have at best a dubious connection with the ancient cultures they claim to represent, and that archaeology has been misused by nationalistic identity politics. They explain why exhibition is essential to responsible acquisitions, why our shared art heritage trumps nationalist agendas, why restrictive cultural property laws put antiquities at risk from unstable governments--and more. Defending the principles of art as the legacy of all humankind and museums as instruments of inquiry and tolerance, Whose Culture? brings reasoned argument to an issue that for too long has been distorted by politics and emotionalism. In addition to the editor, the contributors are Kwame Anthony Appiah, Sir John Boardman, Michael F. Brown, Derek Gillman, Neil MacGregor, John Henry Merryman, Philippe de Montebello, David I. Owen, and James C. Y. Watt.
Author: Haidy Geismar
Publisher: Duke University Press
ISBN: 0822399709
Category : Social Science
Languages : en
Pages : 509
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Book Description
What happens when ritual practitioners from a small Pacific nation make an intellectual property claim to bungee jumping? When a German company successfully sues to defend its trademark of a Māori name? Or when UNESCO deems ephemeral sand drawings to be "intangible cultural heritage"? In Treasured Possessions, Haidy Geismar examines how global forms of cultural and intellectual property are being redefined by everyday people and policymakers in two markedly different Pacific nations. The New Hebrides, a small archipelago in Melanesia managed jointly by Britain and France until 1980, is now the independent nation-state of Vanuatu, with a population that is more than 95 percent indigenous. New Zealand, by contrast, is a settler state and former British colony that engages with its entangled Polynesian and British heritage through an ethos of "biculturalism" that is meant to involve an indigenous population of just 15 percent. Alternative notions of property, resources, and heritage—informed by distinct national histories—are emerging in both countries. These property claims are advanced in national and international settings, but they emanate from specific communities and cultural landscapes, and they are grounded in an awareness of ancestral power and inheritance. They reveal intellectual and cultural property to be not only legal constructs but also powerful ways of asserting indigenous identities and sovereignties.
Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 019269412X
Category : Law
Languages : en
Pages : 593
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Book Description
The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
Author: Boz, Zeynep
Publisher: UNESCO Publishing
ISBN: 9231002899
Category :
Languages : en
Pages : 116
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Book Description
Author: James Lowry
Publisher: Taylor & Francis
ISBN: 1000644502
Category : Language Arts & Disciplines
Languages : en
Pages : 361
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Book Description
Disputed Archival Heritage brings important new perspectives into the discourse on displaced archives. In contrast to shared or joint heritage framings, the book considers the implications of force, violence and loss in the displacement of archival heritage. With chapters from established and emerging scholars in archival studies, Disputed Archival Heritage extends and enriches the conversation that started with the earlier volume, Displaced Archives. Advancing novel theories and methods for understanding disputes and claims over archives, the volume includes chapters that focus on Indigenous records in settler colonial states; literary and community archives; sub-national and private sector displacements; successes in repatriating formerly displaced archives; comparisons with cultural objects seized by colonial powers and the relationship between repatriation and reparations. Analysing key concepts such as joint heritage and provenance, the contributors unsettle Western understandings of records, place and ownership. Disputed Archival Heritage speaks to the growing interest in shared archival heritage, repatriation of cultural artefacts and cultural diasporas. As such, it will be a useful resource for academics, students and practitioners working in the field of archives, records and information management, as well as cultural property and heritage management, peace and conflict studies and international law.
Author: Sherry Hutt
Publisher: Routledge
ISBN: 1315415399
Category : Social Science
Languages : en
Pages : 262
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Book Description
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.
Author: Benedetta Ubertazzi
Publisher: Springer Nature
ISBN: 3031081048
Category : Law
Languages : en
Pages : 392
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Book Description
This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.
Author: Chris Scarre
Publisher: Cambridge University Press
ISBN: 1139447726
Category : Social Science
Languages : en
Pages : 331
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Book Description
The question of ethics and their role in archaeology has stimulated one of the discipline's liveliest debates. In this collection of essays, first published in 2006, an international team of archaeologists, anthropologists and philosophers explore the ethical issues archaeology needs to address. Marrying the skills and expertise of practitioners from different disciplines, the collection produces interesting insights into many of the ethical dilemmas facing archaeology today. Topics discussed include relations with indigenous peoples; the professional standards and responsibilities of researchers; the role of ethical codes; the notion of value in archaeology; concepts of stewardship and custodianship; the meaning and moral implications of 'heritage'; the question of who 'owns' the past or the interpretation of it; the trade in antiquities; the repatriation of skeletal material; and treatment of the dead. This important collection is essential reading for all those working in the field of archaeology, be they scholar or practitioner.
Author: James Cuno
Publisher: Princeton University Press
ISBN: 1400839246
Category : Art
Languages : en
Pages : 285
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Book Description
Whether antiquities should be returned to the countries where they were found is one of the most urgent and controversial issues in the art world today, and it has pitted museums, private collectors, and dealers against source countries, archaeologists, and academics. Maintaining that the acquisition of undocumented antiquities by museums encourages the looting of archaeological sites, countries such as Italy, Greece, Egypt, Turkey, and China have claimed ancient artifacts as state property, called for their return from museums around the world, and passed laws against their future export. But in Who Owns Antiquity?, one of the world's leading museum directors vigorously challenges this nationalistic position, arguing that it is damaging and often disingenuous. "Antiquities," James Cuno argues, "are the cultural property of all humankind," "evidence of the world's ancient past and not that of a particular modern nation. They comprise antiquity, and antiquity knows no borders." Cuno argues that nationalistic retention and reclamation policies impede common access to this common heritage and encourage a dubious and dangerous politicization of antiquities--and of culture itself. Antiquities need to be protected from looting but also from nationalistic identity politics. To do this, Cuno calls for measures to broaden rather than restrict international access to antiquities. He advocates restoration of the system under which source countries would share newly discovered artifacts in exchange for archaeological help, and he argues that museums should again be allowed reasonable ways to acquire undocumented antiquities. Cuno explains how partage broadened access to our ancient heritage and helped create national museums in Cairo, Baghdad, and Kabul. The first extended defense of the side of museums in the struggle over antiquities, Who Owns Antiquity? is sure to be as important as it is controversial. Some images inside the book are unavailable due to digital copyright restrictions.
