Santander Art and Culture Law Review最新文献_第5页

Dealing with Collections from Colonial Contexts: Current Developments in Germany 处理殖民背景下的藏品:德国的当前发展

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.024.17037

R. Peters

引用次数: 0

Hard and Soft Law Measures for the Restitution of Colonial Cultural Collections – Country Report: The Netherlands 归还殖民文化藏品的软硬法律措施-国别报告:荷兰

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.026.17039

Jos van Beurden

{"title":"Hard and Soft Law Measures for the Restitution of Colonial Cultural Collections – Country Report: The Netherlands","authors":"Jos van Beurden","doi":"10.4467/2450050xsnr.22.026.17039","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.026.17039","url":null,"abstract":"This commentary offers an overview of the restitutions and claims processed in the Netherlands until recently, and the legal framework in which they took place. Although the focus is on restitutions to and claims from Indonesia, those to and from a number of other former colonial possessions occur as well. It thus looks at Dutch cultural heritage regulations and laws concerning colonial possessions. Next, the current situation is reviewed, with special attention paid to the Dutch Heritage Act of 2016 and the 2021 Policy Vision on Collections from a Colonial Context, and possible frictions between the two. In the final part, two comparisons are made. One is between how the Netherlands has been dealing with claims for Nazi-looted art works and with claims for items looted from colonial areas. The second comparison is between the current measures for dealing with colonial loot by the Netherlands and Belgium. For several years now, both countries have taken up more seriously the decolonization of state-owned collections from colonial contexts. However, the new policies of both countries have their limitations as well. For the Netherlands, the author concludes that this former major colonial power is in an intermediate phasein the process of developing new rules for dealing with objects and collections from colonial contexts.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47097922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Return of Fossils Removed Under Colonial Rule 归还在殖民统治下被移走的化石

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.013.17026

Paul P. Stewens, N. Raja, E. Dunne

{"title":"The Return of Fossils Removed Under Colonial Rule","authors":"Paul P. Stewens, N. Raja, E. Dunne","doi":"10.4467/2450050xsnr.22.013.17026","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.013.17026","url":null,"abstract":"Debates on the restitution of colonial loot usually focus on art, antiquities, religious artefacts, and similar objects. Many fossils of considerable scientific and cultural value were also removed under colonial rule, yet they rarely feature in these discussions despite being classified as cultural objects. This article seeks to shed light on the colonial removal of fossils and explore potential avenues for their return under public international law. Instead of focusing on the (il-)legality of colonial takings, we argue that the right to access culture has developed from the right to participate in cultural life in Article 15(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which provides, if not a solid legal basis, a valuable set of arguments for former colonies requesting the return of fossils looted from their countries/territories of origin. The case study of the negotiations on the return of the Broken Hill skull before the UNESCO Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation (ICPRCP) highlights the potential of this mechanism of dispute resolution with respect to fossils.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42254988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pioneering Belgium: Parliamentary Legislation on the Restitution of Colonial Collections 开拓比利时:归还殖民地藏品的议会立法

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.022.17035

Marie de Clippele, Bert Demarsin

{"title":"Pioneering Belgium: Parliamentary Legislation on the Restitution of Colonial Collections","authors":"Marie de Clippele, Bert Demarsin","doi":"10.4467/2450050xsnr.22.022.17035","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.022.17035","url":null,"abstract":"The Bill of 3 July 2022 to recognize the alienability of goods linked to the Belgian State’s colonial past and to determine a legal framework for their restitution and return (“the Restitution Bill”) puts Belgium at the forefront of international restitutions of colonial collections. With the parliamentary approval, and therefore democratically backed adoption of the Restitution Bill, Belgium is about to write history by being the first country in the world with a legislative framework allowing for large-scale restitutions of colonial collections. The situation, however, is not all roses, as the new legislation keeps its scope quite narrow (only cultural objects from former Belgian colonies, and no archives or human remains) and excludes local communities within the State of origin from being involved in restitution proceedings. Moreover, the Bill’s initial draft had to be watered down significantly to give the Government maximum freedom in negotiating bilateral restitution agreements. The relative lack of procedural rules renders the process less transparent and more political. In sidestepping the issue, the actual restitution procedure will depend almost entirely on the terms of each of the bilateral agreements, thus giving more leeway to political squabbling.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41548495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Scenarios for Borrowing in Electronic Music 电子音乐借贷的法律场景

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.020.17033

Grzegorz Mania

引用次数: 0

Colonial Booty and Its Restitution – Current Developments and New Perspectives for French Legislation in This Field 殖民战利品及其归还-法国在这一领域立法的最新发展和新观点

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.023.17036

X. Perrot

引用次数: 0

Colonial Loot and Its Restitution – Country Report: Switzerland 殖民掠夺及其归还-国家报告:瑞士

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.030.17043

Karolina Kuprecht

引用次数: 0

The Aboriginal Shield from the Collection of the British Museum: A Case Study from the Perspective of Recent Developments 大英博物馆收藏的土著盾牌：从近期发展的角度进行个案研究

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.016.17029

Agnieszka Plata

引用次数: 0

Ethnonationalism and Cultural Heritage Law in Myanmar 缅甸的民族主义与文化遗产法

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.019.17032

Anaïs Mattez

{"title":"Ethnonationalism and Cultural Heritage Law in Myanmar","authors":"Anaïs Mattez","doi":"10.4467/2450050xsnr.22.019.17032","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.019.17032","url":null,"abstract":"This article highlights the legal and technical challenges of contemporary heritage conservation in the context of a weak democracy, ethnic unrest, and military rule. Burma was a military dictatorship from 1962 to 2010, followed by the operation of the civil government between 2011 and 2021, which was then overthrown by the military in 2021. These ten years of civil government were characterized by a reopening of the borders to the international community, initiatives towards democracy. In terms of cultural heritage, Myanmar appeared to have made progress in modernizing its legislation when the country ratified and implemented international conventions protecting tangible cultural heritage such as the World Heritage Convention, the 1970 UNESCO Convention, and the 1995 UNIDROIT Convention. In 2015, the elected parliament drafted new legislation protecting cultural heritage: the Law Protecting Ancient Objectsand theLaw on the Preservation and Protection of Ancient Buildings. How has the ratification of international conventions and new laws impacted domestic conservation practices in Myanmar? The democratic turn entailed a visible modernization of laws, policies, and conservation techniques. However, this time was also characterized by peaks of violence between the Burman government, the Rohingya people, and other ethnic minorities. Ultimately, this article reveals that the protection of heritage became closely linked to ethnonationalist ideologies that have survived the numerous changes of political regime. This is particularly true in the Burmese context. Foreign technical assistance must be aware of the country’s complexity and learn from lessons of the past.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47883914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Healing the Past: Recovery of Chinese Cultural Objects Lost during the Colonial Era 治愈过去:找回在殖民时期丢失的中国文物

Santander Art and Culture Law Review Pub Date : 2022-12-30 DOI: 10.4467/2450050xsnr.22.017.17030

R. Chen

{"title":"Healing the Past: Recovery of Chinese Cultural Objects Lost during the Colonial Era","authors":"R. Chen","doi":"10.4467/2450050xsnr.22.017.17030","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.017.17030","url":null,"abstract":"This article focuses on the colonial context of China, which led to a monumental loss of Chinese cultural objects by three means: looting and plundering; cultural expeditions; and illicit trafficking. The loss of cultural objects caused severe deprivation to the country of origin (i.e. China) from the perspective of culture, and active decolonization could helpheal the wounds and rebuild the cultural independency of China.In order to recover cultural objects removed during the colonial era, at the present time countries of origin are faced with difficulties at two levels. In terms of provenance research, the history and ownership trajectory of the cultural objects is difficult to establish in light of the fact that significant time has elapsed. In terms of legal claims, evidence needs to be collected in order to prove the original ownership, while at the same time issues of private law create obstacles to claims. Moreover, current international conventions fail to provide a legally-binding obligation on the part of current possessors to return objects lost due to colonialism. This article proposes mutual respect for cultural sovereignty as a way to make up for the absence of cultural sovereignty during past colonizations.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46840628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0