Art and Cultural Heritage: Law, Policy and Practice

Art and Cultural Heritage: Law, Policy and Practice

by Barbara T. Hoffman

ISBN-10: 0521857643

ISBN-13: 9780521857642

Pub. Date: 12/31/2005

Publisher: Cambridge University Press

Art and Cultural Heritage is appropriately, not solely, about the law-national and international-respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles about how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. The authors explore

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Art and Cultural Heritage is appropriately, not solely, about the law-national and international-respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles about how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. 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.

Product Details

Cambridge University Press
Publication date:
Edition description:
New Edition
Product dimensions:
6.97(w) x 9.96(h) x 1.30(d)

Table of Contents

Preface and acknowledgment
Preface and acknowledgment
Preface and acknowledgment
Introduction : exploring and establishing links for a balanced art and cultural heritage policy1
1The law of Se : linking the spiritual and material21
2The obligation to prevent and avoid destruction of cultural heritage : from Bamiyan to Iraq28
3Beyond Bamiyan : will the world be ready next time?41
4The role of the museum in developing heritage policy47
5An archaeologist's view of the trade in unprovenanced antiquities52
6Reflexions on the causes of illicit traffic in cultural property and some potential cures64
7The growing complexity of international art law : conflict of laws, uniform law, mandatory rules, UNSC resolutions and EU regulations68
8Introduction to parts II and III : cultural rights, cultural property, and international trade89
9Management and conservation of Guatemala's cultural heritage : a challenge to keep history alive94
10The protection of cultural patrimony in Peru100
11Cultural patrimony and property rights in Peru105
12Putting the IFAR Cuzco inventory to work109
13Cultural property legislation in Mexico : past, present, and future114
14The protection of cultural heritage in Colombia119
15Chronological overview of developments in Bolivian and Latin American cultural heritage legislation with a special emphasis on the protection of indigenous culture124
16Illicit traffic in cultural heritage in the Southern Cone : a case study based on the Paraguayan experience134
17The Nigerian and African experience on looting and trafficking in cultural objects137
18The protection of cultural heritage items in New Zealand145
19Angkor sites, cultural world heritage148
20International art transactions and the resolution of art and cultural property disputes : a United States perspective159
21The illicit trade in cultural objects : recent developments in the United Kingdom178
22Summum ius suma iniuria : stolen Jewish cultural assets under legal examination185
23European Union legislation pertaining to cultural goods191
24Hypothetical on the enforcement of export prohibitions and a commentary on the hypothetical194
25Excerpts from the memoire "Le Regime Juridique et Fiscal Francais des Importations et Exportations d'Oeuvres d'Art"197
26World heritage - linking cultural and biological diversity201
27Judicial interpretations of the world heritage convention in the Australian courts206
28Paris down under - world heritage impacts in Australia210
29The cultural landscape of the agave and the production of Tequila216
30National heritage areas : developing a new conservation strategy220
31The United States and the world heritage convention234
32Cultural heritage legislation : the historic centre of Old Havana239
33The World Bank's policy on physical cultural resources245
34BTC pipeline project and the preservation of cultural heritage249
35Tale of Zeugma and the Birecik project255
36The impact of cultural resources laws on the United States mining industry260
37Minimising the environmental and cultural impacts of oil operations in emerging economies : transnational oil companies and voluntary international environmental standards264
38The 2001 UNESCO convention on the protection of the underwater cultural heritage285
39The collision of property rights and cultural heritage; the salvors' and insurers' viewpoints293
40Finders keepers losers weepers - myth or reality? An Australian perspective on historic shipwrecks300
41The shades of harmony : some thoughts on the different contexts that coastal states face as regards the 2001 underwater cultural heritage convention308
42Underwater cultural heritage at risk : the case of the Dodington coins313
43Intellectual property and the protection of traditional knowledge and cultural expressions327
44Who owns traditional knowledge? A personal and industry view340
45Protecting Maori heritage in New Zealand352
46Culture, science, and indigenous technology363
47Recent developments in the regulation of traditional herbal medicines370
48The "universal museum" : a case of special pleading?379
49Africa and its museums : changing of pathways?386
50The national institute of anthropology and history394
51How much provenance is enough? Post-Schultz guidelines for art museum acquisition of archeological materials and ancient art398
52Maori Taonga - Maori identity409
53Unfolding intangible cultural heritage rights in tangible museum collections : developing standards of stewardship413
54Indigenous cultural and intellectual property rights : a digital library context416
55The role of museums today : tourism and cultural heritage419
56Finding solutions for lost cities : indigenous populations and biological and cultural diversity429
57Cultural heritage preservation : a national trust perspective436
58Costa Rica's biodiversity law : searching for an integral approach to cultural and biological diversity440
59Partnership paradigms combining microbial discovery with preservation of tropical biodiversity and sustainable development448
60Costa Rica's legal framework for the sponsorship and protection of its cultural heritage452
61Financial regulations and tax incentives with the aim to stimulate the protection and preservation of cultural heritage in Spain455
62ARPAI : the successful intervention of private citizens in the protection of Italy's artistic and archaeological heritage461
63Arbitration of international cultural property disputes : the experience and initiatives of the permanent court of arbitration465
64Mediation as an option for resolving disputes between indigenous/traditional communities and industry concerning traditional knowledge475
65Thoughts of an alternative dispute resolution practitioner on an international ADR regime for repatriation of cultural property and works of art483

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