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Listing Of Tangible Cultural Properties: Expanded Recognition For Historic Buildings In Japan, Chester H. Liebs
Listing Of Tangible Cultural Properties: Expanded Recognition For Historic Buildings In Japan, Chester H. Liebs
Washington International Law Journal
Since the late 19th century, Japan has enacted a series of measures to protect its cultural heritage, most importantly the 1950 Law for the Protection of Cultural Properties. With subsequent amendments, the law today provides for the protection of both individual and groups of historical structures, landscapes, traditional crafts and skills, as well as national treasures. While these laws have saved many of the nation's foremost cultural resources, a substantial number of important historic structures, especially from the Meiji Period (1868) onward, have fallen through this legal safety net. This Article summarizes the evolution of Japan's cultural properties protection legislation, …
Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan
Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan
Washington International Law Journal
The Mabo decision represented a major doctrinal change in the relationship between Indigenous people and the settler legal system. However, significant legislative developments in land use and management recognizing some Indigenous interests in land had already laid the groundwork for joint land management schemes and concurrent land uses. These developments have formed the basis for ongoing expansion of coexistent land uses with the negotiation of formal and informal agreements for co-management of land. A range of factors influence these agreements, including the existence of enforceable property rights and non-property based heritage protection legislation. These regimes are currently in a state …
International Cultural Property: Another Tragedy Of The Commons, Claudia Caruthers
International Cultural Property: Another Tragedy Of The Commons, Claudia Caruthers
Washington International Law Journal
In-situ and intra-national preservation of cultural property is threatened by a highly remunerative international black market. Despite the existing nexus of both domestic and international laws drafted to halt illicit trafficking in cultural property, black markets, such as ones in Southeast Asian art and artifacts, are thriving. This Comment examines whether the existing web of laws and regulations serve, in fact, to foster, rather than discourage, the continuance and growth of the art black market. Likening the destruction of rare cultural resources to the destruction of scarce natural resources, this Comment uses Garrett Hardin's game theory tragedy of the commons …