Cultural Heritage Law Commons^™

The Intersection Of Cultural Rights And The Repatriation Of African Art: A Comparative Analysis Of International And North American Legal And Ethical Frameworks, Kennedy Wilson

The International Law Review Association Student Forum

The debate surrounding the repatriation of African and Indigenous art held in global museums is a complex and multifaceted issue that demands an examination of its historical, legal, and ethical dimensions. Emmanuel Macron's 2018 statement in Ouagadougou, Burkina Faso, encapsulates the core of this debate: “I cannot accept that a large part of the cultural heritage of several African countries is in France,” he declared. “There are historical explanations for this but there is no valid, lasting and unconditional justification. African heritage cannot be only in private collections and European museums.” This sentiment perfectly captures the profound unease surrounding the …

The Exceptional Dead: Human Remains As Property, Non-Property, And Cultural Property In Armed Conflict, Ronald Alcala

American University Law Review

International humanitarian law mandates that the dead must be respected and protected in armed conflict. Among other things, parties to an armed conflict must ensure that the dead are treated with dignity and that their bodies are not despoiled, pillaged, mutilated, or otherwise maltreated. Not all human remains located on the battlefield, however, will have a direct nexus to the fighting. Some, like those of Prince Grigory Potemkin, a historical figure whose bones were seized by Russian forces from a Ukrainian church in 2022, might even pre-exist an ongoing conflict. Whether rules applicable to the dead apply to such remains …

Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat

Dissertations and Theses

Cultural heritage has always been at risk during times of war. UNESCO first endeavored to address the issue shortly after World War II, in 1954, when it passed the first of three signature conventions to protect against the damage, destruction, and pillage of cultural property in times of armed conflict. Lacunae and other deficiencies in their frameworks, however, rendered these conventions difficult to enforce and largely ineffectual. This study offers an assessment of the strengths and limitations of the UNESCO system of cultural-heritage protection, with a particular focus on the 1954 Hague Convention. It is argued that, by superseding certain …

Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael Goodyear

Articles & Chapters

The illicit trade in cultural property is a global phenomenon, powered by criminal networks and smuggling trains that sacrifice local culture for the black market of the art world. Headlines featuring the Islamic State’s lucrative exchange in stolen cultural property, among other incidents, have raised the profile of the illicit cultural property trade on the global stage. Developing countries, as the most prominent source countries of cultural property, are particularly at risk. Existing scholarship has searched for a solution to this crisis, suggesting a new international treaty to protect cultural property or recommending the utilization of adjacent legal fields. However, …

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …

Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens

Chicago-Kent Law Review

The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …

Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster

Scholarly Articles in Law Reviews & Journals

For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The “blood antiquities” excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive.

A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …

An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property, Matthew Smart

Chicago-Kent Law Review

Cultural heritage has been targeted during military conflicts throughout history. Currently, the conflict in Syria is resulting in the destruction of ancient immoveable cultural heritage property. This destruction is particularly devastating because Syria has served as a melting pot of Eastern and Western cultures throughout history. This note examines the history of international laws aimed at the protection of cultural heritage property. After applying those laws to the current Syrian conflict, this note offers multiple suggestions to improve the protection of immoveable cultural heritage property. The improvements advanced by this note include necessary changes to the current regime of international …

King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel

Faculty Articles

No abstract provided.

Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter

Scholarly Articles in Law Reviews & Journals

Part I of this Comment describes the history and structure of Egypt's antiquities laws. It also describes Egypt's relevant international obligations under the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Declaration on the Rights of Indigenous Peoples. In Part II, this Comment argues that the current state of Egypt's antiquities system is inconsistent with its international obligations. Part II considers whether Egypt's exclusion of the Nubians stems from Egyptological superiority narratives and analyzes which narratives Egypt could adopt without violating international law. Finally, Part …

Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner

Scholarly Works

On October 20, 2005, the General Conference of the United Nations Educational, Scientific and CulturalOrganization (UNESCO) adopted a treaty - by a vote of 148-2, with 4 abstentions - that legitimates domestic legal measures aimed at the protection of local producers of cultural activities, goods and services. Opposed by the United States and Israel, the Convention represents a major diplomatic victory for Canada and France - its principal proponents - and a major blow to Hollywood and the United States, audiovisual products being among America's most lucrative exports. Both Canada and France, like many countries around the world, have long …

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.

The Current State Of International Law, S. James Anaya

Publications

No abstract provided.

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …

Book Review, S. James Anaya

Publications

No abstract provided.

International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya

Publications

No abstract provided.