{"title":"Excavating the field of heritage law: support, renewal, and iconoclasm","authors":"Lucas Lixinski","doi":"10.1017/s0940739123000152","DOIUrl":"https://doi.org/10.1017/s0940739123000152","url":null,"abstract":"Abstract This article maps the field of cultural heritage law, arguing for the need for its renewal, even if at the cost of some iconoclasm of notions we hold dear in our conceptual thinking about heritage. The article pursues this thesis by excavating a conceptual archaeology (broadly in the Foucauldian sense) of four key assumptions or conceptual pillars of cultural heritage law, which are the assumption of inherent value of cultural heritage; the pillar of authenticity; the assumption that human rights can work as a panacea for the renewal of the field; and the pillar of expertise. The archaeology of these ideas shows how much of what we take for granted in cultural heritage law is no longer fit for purpose, and the article shows those stakes by contrasting the work of these pillars and assumptions against some of the key challenges to the field: interdisciplinarity; the Anthropocene; enforcement; and the growing use of heritage as an ideological target in armed conflicts.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":"4 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135480537","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}
{"title":"Looting and learning: Teaching about the illicit antiquities trade and professional responsibilities in higher education","authors":"S. Lundén","doi":"10.1017/s0940739123000073","DOIUrl":"https://doi.org/10.1017/s0940739123000073","url":null,"abstract":"\u0000 The illicit antiquities trade relies on various academic experts for its operations and legitimization. To counter this involvement, academics need to be made aware of how their services might support the trade. A suitable venue for future generations of professionals to obtain this knowledge is their university education. Hence, it is of interest to ask what is taught in university programs in relevant disciplines about the illicit antiquities trade and the forms of academic entanglement within it. This article focuses on course literature in university programs for conservators. It looks at both the official curriculum (explicit and intended teaching) and the hidden curriculum (implicit and unintended teaching) concerning illicit antiquities trade and conservators’ responsibilities vis-à-vis this trade. It finds that the coverage is limited and partly outdated. Further, textbooks might signal that it is acceptable to undertake the treatment of unprovenanced archaeological objects. The study suggests that it is relevant to ask not only if, but also how, the topic of professional responsibility is taught, and it argues that higher education, apart from teaching how to keep clear of activities that promote the trade, should provide the knowledge and skills to actively oppose it.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43905132","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}
{"title":"When low level of constraint and effectiveness go hand in hand: The example of the 2005 Convention","authors":"Véronique Guèvremont, Clémence Varin","doi":"10.1017/s0940739123000061","DOIUrl":"https://doi.org/10.1017/s0940739123000061","url":null,"abstract":"\u0000 The year 2022 marks 15 years since the entry into force of the United Nations Educational, Scientific and Cultural Organization’s 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Among its objectives, this treaty aims at acknowledging the specific nature – economic and cultural – of cultural activities, goods, and services, reaffirming the sovereign right of states to adopt or implement measures they deem appropriate for the protection and the promotion of the diversity of cultural expressions as well as reinforcing international cooperation for more balanced cultural exchanges. Since its adoption, this treaty has been criticized for its low level of constraint. However, data collected over the years show that parties rely extensively on the Convention to undertake diverse initiatives to achieve the treaty’s objectives. Based on concrete examples, this article aims to show that the effectivity of a legal instrument does not only rely on its degree of constraint but also on other factors, including monitoring mechanisms put in place in the context of its implementation.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48998548","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}
{"title":"The Washington Principles à rebours: Explaining Poland’s current restitution policy","authors":"E. Manikowska","doi":"10.1017/s094073912300005x","DOIUrl":"https://doi.org/10.1017/s094073912300005x","url":null,"abstract":"\u0000 This article inquiries into Poland’s current approach to the implementation of the Washington Principles on Nazi-Confiscated Art. It argues that it is more focused on the recovery of national heritage than on providing justice to Holocaust victims and their heirs. First, it discusses the outputs of the Expert Group established in 2009 to implement provenance research in line with the Washington Principles’s recommendations. It explains the failure of this initiative by bringing into focus the wider context of the inheritance of the war-time displacements and splitting of collections. It argues that Holocaust victims’ assets are one of many problematic items in Polish memory institutions and that the unresolved issue of post-war nationalizations are often perceived as an argument that hinders the Washington Principles’s implementation. It outlines the notions of “Polish war losses” and “national cultural goods” and discusses in detail the Polish provenance research databases. It notices that restitution in Poland is increasingly considered as an important national identity-building tool and analyzes several recent educational and branding initiatives of this kind.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46264772","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}
{"title":"A Case Study of Academic Facilitation of the Global Illicit Trade in Cultural Objects: Mary Slusser in Nepal","authors":"Emiline Smith, E. Thompson","doi":"10.1017/s0940739123000048","DOIUrl":"https://doi.org/10.1017/s0940739123000048","url":null,"abstract":"\u0000 In this article, we consider the role that academics play in the global illicit trade in cultural objects. Academics connect sources to buyers and influence market values by publishing looted and stolen cultural objects (passive facilitation) and by collaborating with market players, including by collecting artifacts themselves (active facilitation). Their actions shape market desire, changing what is targeted for looting, theft, and illicit trading across borders. However, this crucial facilitative role often goes unnoticed or unaddressed in scholarship on collecting, white collar crime, and the illicit market in cultural objects. This article explores the importance of academic facilitation through a case study of the career of Mary Slusser, a renowned American scholar of Nepali art and art history.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48803729","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}
{"title":"American Museums and Colonial-Era Provenance: A Proposal","authors":"Victoria S. Reed","doi":"10.1017/s0940739123000036","DOIUrl":"https://doi.org/10.1017/s0940739123000036","url":null,"abstract":"\u0000 As European nations address their legacy of colonialism, many museums in France, Germany, Great Britain, and elsewhere in Western Europe are examining the provenance of objects in their collections that were removed during periods of colonial occupation and, in some cases, have developed plans for their restitution. As of 2022, few museums in the United States have announced similar objectives. This article offers specific suggestions for American art museums to proceed proactively and transparently with colonial-era provenance research projects. I propose that museums identify objects in their collections that were displaced in one of two ways: either looted during a post-Napoleonic military conflict or stolen or traded by force under a period of colonial occupation. These works of art should be prioritized for provenance research and listed or otherwise made discoverable online. By listing these objects on their websites, museums will acknowledge the contentious histories of works of art in their collections and signal an openness to engaging with source communities, whether about the return of an object, loans, storage, display, educational initiatives, or other matters of care.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43608021","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}
{"title":"Water heritage values in the Eastern Black Sea region","authors":"Saadet Gündoğdu","doi":"10.1017/s0940739123000085","DOIUrl":"https://doi.org/10.1017/s0940739123000085","url":null,"abstract":"Abstract The Black Sea is a substantial inland sea and has a very fascinating border on the east and west. It reaches into the Mediterranean through the straits, into Europe via rivers, and toward Asia via the Caucasus. The human relations developed through this network has led to the emergence of cultural landscape elements in the region. The natural landscape elements that have developed inherently in the natural beauty of the region have also become one of the most important pieces of heritage in the region. In this region, many uncontrolled practices that have taken place in recent years have rapidly degraded the cultural and natural landscape. The purpose of this study is to emphasize the beauty of nature, which makes the Eastern Black Sea region one of the most significant cultural and natural heritage areas of the world, and to explore its impact on human life in the context of water heritage as well as to address the dynamic risks of losing this beauty. In this study, the recognition of water as a heritage component is conceptually discussed in the context of the inherent cultural heritage and natural heritage. The unifying and integrative power of the multicultural water heritage that the region possesses is explicated.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135517870","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}
Philip Boland, Thomas Hastings, M. Satish Kumar, Stephen McKay
{"title":"World Heritage Sites and the question of scale in governance and politics: A study of Stonehenge","authors":"Philip Boland, Thomas Hastings, M. Satish Kumar, Stephen McKay","doi":"10.1017/s0940739123000139","DOIUrl":"https://doi.org/10.1017/s0940739123000139","url":null,"abstract":"Abstract In July 2021, Liverpool was removed from the prestigious List of World Heritage Sites, sending shockwaves around the global heritage community. More recently, the spotlight has shifted to another world famous site also located in the United Kingdom. During the same 44th Session of the World Heritage Committee, UNESCO threatened to place Stonehenge on the List in Danger if the required changes to a significant billion-pound road enhancement project were not implemented. Given what happened in Liverpool, there are fears that Stonehenge is in danger of moving towards delisting. An interesting critical line of inquiry to emerge from Liverpool, and other World Heritage Sites, concerns the local, national, and international ‘politics at the site’. This article develops this debate by analysing the role of different scalar actors involved in the Stonehenge World Heritage Site. More specifically, our article examines how the Stonehenge Alliance sought to engage in, what we define as, scalar manoeuvres that is evidenced by scale jumping and scalar alignments with more powerful players further up the heritage hierarchy in order to effect leverage over the future status of the World Heritage Site.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135563698","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}
{"title":"Final Report of the ILA Committee on Participation in Global Cultural Heritage Governance","authors":"Sophie Starrenburg","doi":"10.1017/s0940739123000097","DOIUrl":"https://doi.org/10.1017/s0940739123000097","url":null,"abstract":"Abstract International cultural heritage regimes such as the World Heritage Convention have faced increasing scrutiny with regard to the impact of heritage governance on local communities. An oft-posited solution to this problem is to increase the possibilities for these communities to participate in decisions that will potentially affect the heritage they live in, with, or around. For international lawyers, this discussion is usually framed through the lens of the right to take part in cultural life guaranteed by human rights law. This case note reflects on the Final Report of the International Law Association’s Committee on Participation in Global Cultural Heritage Governance, which analyzes the current state of the law on these issues and formulates several proposals for its future development. The case note underlines the potentialities of human rights-based approaches to heritage management and the importance of adopting a cross-sectoral approach to participation in international governance.","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135516808","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}
{"title":"Open access violence: Legacies of white supremacist data making at the Penn Museum, from the Morton Cranial Collection to the MOVE remains","authors":"Lyra D. Monteiro","doi":"10.1017/s0940739123000127","DOIUrl":"https://doi.org/10.1017/s0940739123000127","url":null,"abstract":"Abstract This article examines how openly sharing data online can continue the dehumanizing work of 19th century “collectors” who stole the bodies of colonized peoples. It addresses the ongoing controversies at the University of Pennsylvania Museum of Archaeology and Anthropology (“Penn Museum“), regarding the interlinked weaponization of over one thousand crania used by racial scientist Samuel George Morton, and the remains of two Black children murdered by the police in the 1985 MOVE bombing, and asks, how can descendant communities regain their kin and take control of the data the museum has extracted from them? And how can scholars and other heritage workers within colonial institutions support them?","PeriodicalId":54155,"journal":{"name":"International Journal of Cultural Property","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135563112","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}