Cultural Heritage Issues: The Legacy of Conquest, Colonization and Commerce

by James A.R. Nafziger, A. Nicgorski

Overview

The global community, dependent as always on the cooperation of nation states, is gradually learning to address the serious threats to the cultural heritage of our disparate but shared civilizations. The legacy of conquest, colonialization, and commerce looms large in defining and explaining these threats.
The essays contained in this challenging volume are based on papers presented at an international conference on cultural heritage issues that took place at Willamette University . The conference sought to generate fresh ideas about these cultural heritage issues; offer a good sense of their nuances and complexities; and reveal how culture, law, and ethics can interact, complement, diverge, and contradict one another. This book seeks to accomplish these purposes. What it explores is the fact that, allong with an emerging blend of adversarial and collaborative processes to address cultural heritage issues, has come a substantial broadening of the normative framework in recent years. This framework now spans a welter of issues ranging from the creation of cultural safety zones during armed conflict, to the ongoing rectification of genocidal conquest during the European Holocaust and World War II, to the treatment of shipwrecks and their cargo, to the protection of folklore and other intangibles, to the promotion of traditional knowledge in the interest of biological diversity. All of these topics are controversial, as are the legal instruments that incorporate them, but the issues they embrace are vital to us all, whether our viewpoint is in the global arena, a national legislature, a courtroom, a classroom, an archaeological site, or a museum.

Product Details

ISBN-13:	9789004160361
Publisher:	Brill Academic Publishers, Inc.
Publication date:	12/07/2009
Pages:	466
Product dimensions:	6.50(w) x 9.70(h) x 1.20(d)

About the Author

James A.R. Nafziger is Thomas B. Stoel Professor of Law and Director of International Programs at Willamette University College of Law. He chairs the cultural heritage law committee of the International Law Association.

Ann M. Nicgorski is Professor of Art History and Archaeology at Willamette University, where she serves as a Faculty Curator in the Hallie Ford Museum of Art.

Table of Contents

Preface and Acknowledgments James A.R. Nafziger Ann M. Nicgorski ix

About the Editors and Authors xi

Introduction James A.R. Nafziger Ann M. Nicgorski xvii

Part I Legacy of Indigenous Conquest

Chapter 1 Who Controls Native Cultural Heritage?: "Art," "Artifacts," and the Right to Cultural Survival Rebecca Tsosie 3

Chapter 2 Protection and Repatriation of Indigenous Cultural Heritage in the United States James A.R. Nafziger 37

Chapter 3 Repatriation of Cultural Material to First Nations in Canada: Legal and Ethical Justifications Catherine Bell 81

Chapter 4 Taonga Maori Renaissance: Protecting the Cultural Heritage of Aotearoa/New Zealand Robert K. Paterson 107

Part II Legacy of International Conquest and Colonization

Chapter 5 Cultural Heritage Law: Recent Developments in the Laws of War and Occupation Sabine von Schorlemer 137

Chapter 6 Unraveling History: Return of African Cultural Objects Repatriated and Looted in Colonial Times Folarin Shyllon 159

Chapter 7 Colonization and Its Effect on the Cultural Property of Libya Nancy C. Wilkie 169

Chapter 8 Legal and Illegal Acquisition of Antiquities in Iraq, 19th Century to 2003 McGuire Gibson 185

Chapter 9 German Archaeological Institute's Protection of Cultural Heritage in Iraq and Elsewhere in the Middle East Margarete van Ess 199

Part III Protecting Cultural Heritage Today and Tomorrow (Keynote Lectures)

Chapter 10 Whose Culture Is It, Anyway? Kwame Anthony Appiah 209

Chapter 11 Thieves of Baghdad: The Search for Iraq's Stolen Heritage Colonel Matthew Bogdanos 223

Part IV Legacy of Commerce in the Framework of International Law

Chapter 12 Mythology of the Antiquities Market Ricardo J. Elia 239

Chapter 13 UNESCO International Framework for the Protection of the Cultural Heritage Lyndel V. Prott 257

Chapter 14 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage Tullio Scovazzi 287

Chapter 15 Increasing Effectiveness of the Legal Regime for the Protection of the International Archaeological Heritage Patty Gerstenblith 305

Part V Role of Governments

Chapter 16 Preservation of Cultural Heritage: A Tool of International Public Diplomacy Maria P. Kouroupas 325

Chapter 17 Culture and Development: The Role of Governments in Protecting and Promoting Culture Anastasia Telesetsky 335

Part VI Avoidance and Resolution of Cultural Heritage Disputes

Chapter 18 Recovery of Art Looted During the Holocaust Lawrence M. Kaye 351

Chapter 19 Resolving Material Culture Disputes: Human Rights, Property Rights, and Crimes Against Humanity Robert K. Paterson 371

Chapter 20 Using UNIDROIT to Avoid Cultural Heritage Disputes: Limitation Periods Patrick O'Keefe 389

Part VII Museums and Sites

Chapter 21 Provenance Research: Litigation and the Responsibility of Museums Lawrence M. Kaye 405

Chapter 22 Museums as Sites of Reconciliation Claire L. Lyons 421

Index 433