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Entertainment, Arts, and Sports Law Commons

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Brooklyn Journal of International Law

Nationalism; internationalism; cultural property; community-centric; governance; resource governance; heritage; economics; enforcement; international cultural property law; property; property law; community; John Merryman; UNESCO; John Dewey; Durant Drake; culture; artefacts; artifacts; Al Mahdi; ICTY; PSNR; Permanent Sovereignty over Natural Resources; FPIC

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A Third Way Of Thinking About Cultural Property, Lucas Lixinski Jul 2019

A Third Way Of Thinking About Cultural Property, Lucas Lixinski

Brooklyn Journal of International Law

The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.