Cultural Heritage Law Commons^™

His Ship Has Sailed--Expelling Columbus From Cultural Heritage Law, Emily Behzadi

Vanderbilt Journal of Transnational Law

Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses, dealers, museums, and even looters themselves consistently use the term “Pre- Columbian.” “Pre-Columbian,” which means “before Columbus,” defines the historical period prior to the establishment of the Spanish culture in the national territories of Mexico, Central America, South America, and the Caribbean islands. In fact, this definition …

Protecting Cultural Heritage As A Means For International Peace, Security And Stability, Mark V. Vlasic, Helga Turku

Vanderbilt Journal of Transnational Law

Cultural aggression has become a strategy to obtain an advantage during war. In a deliberate and methodical pattern extremists have not only damaged and destroyed historical sites in Iraq and Syria, but they have also looted antiquities to raise money for their terrorist activities. In addition to degrading the victims' identities, such acts decrease the wealth of knowledge of the world as a whole. By examining various treaties and case law on cultural property, this Article highlights the importance of holding these perpetrators accountable. Furthermore, the protection of cultural property in war zones should be an element in the whole …

Investing In Culture: Underwater Cultural Heritage And International Investment Law, Valentina S. Vadi

Vanderbilt Journal of Transnational Law

Underwater cultural heritage (UCH), which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history. Recent technologies have allowed the recovery of more and more shipwrecks by private actors who often retrieve materials from shipwrecks to sell them. Not all salvors conduct proper scientific inquiry, conserve artifacts, and publish the results of the research; more often, much of the salvaged material is sold and its cultural capital dispersed. Because states rarely have adequate funds to recover ancient shipwrecks and manage this material, however, …

The Choice Between Civil And Criminal Remedies In Stolen Art Litigation, Jennifer A. Kreder

Vanderbilt Journal of Transnational Law

This Article analyzes the patchwork of legal remedies available to persons claiming ownership of Nazi-looted art. This Article demonstrates that the use of the NSPA via criminal prosecutions or civil forfeiture proceedings provides a claimant with great advantages over the present-day possessors of the art. Part II analyzes the criminal remedies used to punish thieves and restore the art to its original owners or their heirs. Part III analyzes the use of the civil forfeiture mechanism--a hybrid of criminal and civil remedies--in pursuit of restoring art to claimants.

Part IV concludes that criminal prosecutions or civil forfeiture proceedings premised on …

Globalization And National Culture: Recent Trends Toward A Liberal Exchange Of Cultural Objects, Kurt G. Siehr

Vanderbilt Journal of Transnational Law

In discussing trends toward liberal exchange of cultural objects, it must be stressed that the exchange should be a legal exchange. This, however, is not easy to define because legal systems differ with respect to the qualifications of legality of art trade. Since United States v. Schultz, there is less of a disparity between Europe and the United States as to the characterization of illegal excavations as a kind of theft in countries claiming that archaeological finds are state property. Also, with respect to export prohibitions, there is not much disagreement so far: in all countries, foreign export prohibitions are …