Cultural Property

The hope has long been that the Native American Graves Protection and Repatriation Act (NAGPRA) would finally bring ancestors and their cultural items home to their communities to be reconnected and rest. However, 30 years later, museums and academics still fear losing control of research and access in their intellectual pursuits. Far from true, museums have benefited in working with tribes in telling stories around their cultural history, present and future. This article shares experiences over the authors’ careers and counters the alarmist calls to arms against compliance with NAGPRA.

Abstract Graphic Design students learn and practice design theories to articulate their creative ideas through design project management. In doing so they follow design methodology considering current design trends and technology to execute the project which includes; research, strategy, planning and final design. This helps the students to develop design communication and analytical skills for their career in creative and cultural industries. This study focuses on a publication design ‘Thaipatra' - a Catalogue on Traditional Thai Costume. This publication is designed using digital technology, has a functional and cultural meaning. The objectives of the study are; to promote Thai costume and traditions; cultural heritage management and standardization of documents; and to customize information system which meet the administrative requirements. This project is to inspire young Thai generation influenced by globalization to look at Thai costume as a national heritage. It is an interdisciplinary approach to promote fashion of a culture through graphic design.

Bu çalışmada Hatice Turhan Valide Sultan, Havâtin ve Cedid Havâtin Türbeleri’nin, koruma, güçlendirme, restorasyon ve konservasyon süreci, mevcut yasa ve yönetmelikler çerçevesince koruma sorunlarına çözüm önerileri getirilmiştir. (Mevcut Yasa ve Yönetmelikler: 2863 sayılı Kültür ve Tabiat Varlıklarını Koruma Kanunu, 5226 sayılı Kültür ve Tabiat Varlıklarını Koruma Kanunu ile çeşitli kanunlarda değişiklik yapılması hakkında Kanun, 5737 sayılı Vakıflar Kanunu)

In this study, information on preservation, strengthening, restoration and conservation process, The Tombs of Hatice Turhan Valide Sultan, Havâtin and Cedid Havâtin’s given. All interventions are made within the framework of existing laws and regulations (Law No: 2863, on Protection of Cultural and Natural Heritage, Cultural and Natural Heritage Protection; Law No: 5226, Cultural and Natural Heritage Protection Act and the Law on the amendment of various laws, Law No: 5737)

While the Romans did not have museums, practices of collecting and display were fully developed in Rome. Romans used collections of objects to substantiate, reinforce, and broadcast particular views of the world. This chapter shows how current work in museum studies opens new avenues of research into Roman art. It draws on recent scholarship on collecting that explores debates over cultural property, questions of viewing, and the role of collections in the construction of personal and imperial identities. It is herewith the appropriation of patrimony, with the creation of art, and with ideas of a universal artistic heritage-that we find ancient analogs of modern museums.

This article suggests three critical inquiries for formulating a feminist analysis of patent law. The first questions how patent law functions as a strategy within neoliberal, biopolitics. The second examines how patent law is structured through biopolitical techniques of governance by examining two conceptions of the public domain I call open public domain and protective public domain. The third inquiry, drawing upon feminist science studies, asks how women's reproductive and intellectual labor are valued and devalued in various different ways through new patent law technologies. In addition, two recent patent law are struggles are examined. These include an American Civil Liberties Union case against the patenting of breast cancer gene sequences and Southern African San struggles against patents related to the Hoodia gordonii plant. In conclusion, I argue that patent law functions within gendered and ethno-racialized forms of neoliberal, biopolitics involving the patenting of ...

International conventions that criminalize wartime abuse of cultural property and bilateral treaties that target trafficking in antiquities reflect evolving consideration for looted art in foreign policy. Since the poignant plunder of Jewish collections by Nazi authorities, restitution of artworks has garnered political clout, and looting of developing nations during the Cold War era compounded the significance of cultural property in international affairs. In parallel, the increasing financial volume of the art market over the past half-century has attracted the attention of transnational organized crime and has implications for funding of terrorist groups. This paper examines how security-intelligence services of World War II and the Cold War controlled the looting and recovery of cultural property. Related activities in the post-Cold War period suggest that applications for foreign intelligence on looted art have expanded from diplomacy to security policy.

The Ancient Coin Collectors Guild (ACCG) has launched multiple legal challenges aimed at undermining import restrictions on ancient coins into the United States in bilateral agreements with foreign countries.  One key component of the ACCG's argument is that the State Department has inappropriately restricted certain types of coins according to where they were made rather than where they are found, as mandated by the 1983 Convention on Cultural Property Implementation Act.  Although the ACCG has thus far been unsuccessful, it has not been pointed out that existing import restrictions on coins, in fact, have been written to include coins that tended to circulate locally and that are found primarily within the borders of the country with which the bilateral agreement is made.  The ACCG's argument is thus on shaky ground.  As the ACCG continues to press ahead with new litigation, it is worth drawing attention to realities and probabilities of ancient coin circulation as they pertain to protected coins

Cultural property symbolises a nation’s identity and culture. The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation (ICPRCP) at its first session  declared that dispersal of cultural property terminates the cord that links the present generation to their forbears and prevents the present generation from knowing the specific qualities that distinguish them from others.  The creators of these cultural objects are challenged to go after what rightfully belongs to them in order to showcase what they have to offer the world as a touchstone for means of production and life style. Cultural property in the context of this article is as defined in the 1970 UNESCO Convention  with its categories  reiterated in the 1995 International Institute for the Unification of Private Law (UNIDROIT)  Convention.  ‘Return’ may refer in a wider sense to restoration, reinstatement and even rejuvenation and reunification.  Union de l’Inde contre Credit Agricole Indosuez (Suisse) SA  discusses this. Restitution refers to war pillage and stolen property or any unlawful situation. In Iran v Barakat Galleries,  the English court ordered the restitution of several very old (at least 2000BC) chlorite artefacts from Jiroft in Iran. To Kowalski,  ‘restitution’ relates to takings in wartime and belligerent occupation.  The holocaust represents cases of restitution.  The UNESCO’s Intergovernmental Committee (IGC) Guidelines for the use of the Standard Form Concerning Requests for Return or Restitution has it that “restitution” should be used in cases of illicit appropriation.”
Under the International Conventions on return and restitution of cultural property,  Return would be based on Article 7b of the UNESCO Convention and on Chapter III of the UNIDROIT Convention.  Restitution is based on Art. 7b of the UNESCO Convention and on Art. 3 of the UNIDROIT Convention. This makes the terminology on the topics ‘return and restitution’ to be clear and unified.
ICPRCP was set up to make it possible for countries whose cultural heritage has been dispersed to gather representative collections of the heritage through the return of at least some of the works that have been lost. The ability of those in possession of dispersed objects to return them to their creators would depict an act of fairness, unity and empathy towards the importance of the objects to the creators. The extent of participation of African countries in ensuring that their patrimony is preserved for the unborn is noteworthy hence the reason for this article.
This paper will be divided into six parts. The first being this introductory. The second briefly considers Africa and cultural property. The third discusses the ICPRCP and its involvement in preventing illicit trafficking. The fourth discusses the participation of African states in the work of ICPRCP. The fifth reflects on probable reasons for African states very poor state of participation in the work of ICPRCP. The sixth part is the conclusion.
Keywords: Sub Saharan African States; Participation; Intergovernmental Committee; Return and Restitution; Cultural Property.

This paper is aimed primarily at archaeologist. It provides archaeologists with discribes the preventive conservation treatments rather then full scale conservation procedures in the field. Because of the absence of professional conservators in the field, excavators need to be equipped with al relevant information concerning litfing, packing, and storage techniques. Only those treatmens and procedures that an archaeologist, who is not a conservator, can do competently are presented here. All others must be carried out by a professional conservator. Sutiable suplies and materials for use in the field preventive conservation, safty procedures, and basic field techniques are discribed this paper. Field preventive conservation and archaeological excavations go hand in hand. It is essential to have a clear plan for preventive conserving objects which are expectes to be unearthed during excavation, as well as  contingency plans for unexpected finds.

This paper uses Iraq as a case study via which to begin to investigate the complex inter-relationships between cultural and historical destruction on the one hand and identity politics and sectarian violence on the other. This paper argues that the unprecedented scale and magnitude of the destruction of Iraq’s cultural history has played a part in eroding the various intersecting and overlapping versions of identity politics in Iraq. In turn, this has provided fertile ground for sectarians to plant the seeds of their own narrow and deadly ideologies. This has brought about the rise of ethno-religious based violence and seen a series of bloody and protracted conflicts emerge between previously peaceful and compatible factions. What is of particular interest here is that much of the cultural and historical landscape that has been destroyed since 2003 had come to play an important role in developing the notion of a collective Iraqi identity as promulgated by the Baathist regime. For example, under the rule of Saddam Hussein, Iraq underwent an extensive nation building campaign consisting of projects as diverse as the reconstruction of key archaeological sites, a reinvigoration of traditional Iraqi folklore and festivals, and the extension of state libraries and museums. While identity politics was and remains a complex and contested field in Iraq, the nation’s cultural history was central to the formation of a variety of different identities in Iraq and garnered at least some degree of social cohesion and inclusion. The chapter begins by briefly detailing the role that Iraq’s cultural heritage has played in building national identity and social cohesion since 1968. It then catalogues some of the more significant cultural and historical destruction that has occurred in Iraq since 2003. Finally, this paper tentatively examines the extent to which this destruction has had implications for the rise of ethno-religious sectarianism and violence.

With empirical touchstones from Europe, North America, Africa, Asia, and the Pacific, the authors argue that heritage and property represent different approaches to subject formation, produce distinct bodies of expertise, and belong to different rationalities of government in a global patrimonial field: that cultural property is a technology of sovereignty, part of the order of the modern liberal state, but cultural heritage is a technology of reformation that cultivates responsible subjects and entangles them in networks of expertise and management. While particular case trajectories may shift back and forth from rights-based claims and resolutions under the sign of cultural property to ethical claims and solutions under the sign of cultural heritage, the authors contend that there is significant analytical purchase to be gained from their distinction. Using a critical, comparative approach, they make the case for a historically grounded and theoretically informed understanding of the difference between the two terms.

https://www.cambridge.org/core/elements/patrimonialities/CC234296DD9DB19C2C902CE31CDA0C4A

This paper is written on the basis of a poster presentation at the InSEA European Regional Conference in Limesos, Cyprus, in June 2012. It presents a preliminary theoretical approach to arts education’s use in the cultural heritage process analyses. The art education approach is used to study dimensions of cultural heritage and the questions of democracy in the cultural heritage process. The paper is written on the basis of doctoral research on the protection, rescue, evacuation, and aftercare of immovable and movable objects as well as documentary heritage collections in accident and disaster situations. In conclusion, the paper presents the preliminary vision that an art education approach produces both valuable new viewpoints on the concept of cultural heritage and serves as a future development tool that may be used to develop cultural heritage education so that acts of vandalism and sabotage that may damage or destroy cultural heritage could be prevented.

Egyptian mummies, Scythian gold, and Chinese terracotta soldiers in blockbuster exhibits and permanent galleries all attest to widespread public interest in museum-going, in seeing visible remains of the past in well-lit, attractive, and gently didactic settings. Yet many of our prestigious art museums have come under intense and uncomfortable scrutiny because of their practices. Their purchases, gifts, and loans of antiquities have raised ethical and moral questions. To what extent have public (and private) collections been formed as a result of the looting of archaeological sites? Do museums exercise due diligence in background checks on their purchases? Do such purchases encourage looters to destroy yet more archaeological sites so as to make more sales? Under what circumstances should the looted art be repatriated to its presumed source country? What about older collections, formed before international laws restricted such purchases? Should they be returned? Do the various missions of museums (to educate the public, to preserve and conserve items) trump all other concerns? To whom should we entrust the remains of the past?

In the wake of the Nazi regime’s policies, European Jewish cultural property was dispersed, dislocated, and destroyed. Books, manuscripts, and artworks were either taken by their fleeing owners and were transferred to different places worldwide, or they fell prey to systematic looting and destruction under German occupation. Until today, a significant amount of items can be found in private and public collections in Germany as well as abroad with an unclear or disputed provenance. Contested Heritage. Jewish Cultural Property after 1945 illuminates the political and cultural implications of Jewish cultural property looted and displaced during the Holocaust. The volume includes seventeen essays, accompanied by newly discovered archival material and illustrations, which address a wide range of topics: from the shifting meaning and character of the objects themselves, the so-called object biographies, their restitution processes after 1945, conflicting ideas about their appropriate location, political interests in their preservation, actors and networks involved in salvage operations, to questions of intellectual and cultural transfer processes revolving around the moving objects and their literary resonances. Thus, it offers a fascinating insight into lesser-known dimensions of the aftermath of the Holocaust and the history of Jews in postwar Europe.

The issue of acquiring fragmented Athenian pottery has frequently been overlooked. Yet the pattern of acquisitions presents a rather more complicated narrative about the working of the market. The pattern of donating a fragment followed by the purchase of further pieces, sometimes from a number of vendors, raises ethical issues about the working of the antiquities market.

Der Band schließt mit einem Beitrag zu Ethiken des Verhandelns, wie sie in verschiedenen internationalen Foren dokumentiert wurden. Groth und Döpking zeigen für multilaterale Verhandlungen über Cultural Property, dass normative Ansprüche Gerechtigkeitsvorstellungen implizieren, die sich in ihrer Reichweite wesentlich unterscheiden. So gibt es Forderungen, die vor allem die Einhaltung von prozeduralen Standards oder den Einbezug von betroffenen Akteuren umschließen, während andere eine Art zwischenstaatlichen „Ausgleich“ in Form von Rechten an Kultur oder materiellen Ressourcen fordern, der im nationalstaatlichen rechtlichen Rahmen oftmals nicht vorgesehen ist und eine Überschreitung von Rechtsprinzipien bedeuten würde. Damit setzt der Beitrag Theoriediskussionen über Gerechtigkeit in multilateralen Kontexten mit der empirischen Arbeit des Teilprojektes zu Ethiken des Verhandelns in Beziehung und ergänzt die sprechakttheoretische Betrachtung von normativen Claims um eine Analyse ihre...

El Plan Director de la Alhambra y el Generalife se concibe como el documento de planificación estratégica para la gestión del Conjunto Monumental en un horizonte temporal a corto y medio plazo, en el que se han previsto los ejes vertebradores de las distintas acciones y proyectos diseñados que persiguen situar a la Alhambra en su tiempo atendiendo a su condición de Bien Cultural de naturaleza muy compleja con implicaciones territoriales, patrimoniales, económicas y socioculturales de amplio alcance.

This paper focuses on the impact of the war and subsequent occupation (2003–2011) on Iraq’s heritage, documenting the most significant and devastating instances of heritage damage and destruction that occurred. Moving forward, this chapter continues with a discussion of the grave challenges facing Iraqi heritage beyond the withdrawal of US military forces in the form of various groups - from jihadist networks such as the 'Islamic State' through to various sectarian actors. It also discusses the threat to heritage sites from development, neglect, and inexpert and haphazard excavation, preservation, protection, and restoration. Despite this troubling scenario, this chapter also examines the extent to which the Iraq conflict was a turning point for major Western military operations and the development of CPP programs which aim to better prepare military personnel for protecting cultural property in future conflicts.

Advisory Opinion/Legal Report commissioned by the Panhellenic Lawyers' Association (Π.Ε.Δ., Πανελλήνια Ένωση Δικηγόρων)
In the present advisory opinion/legal report the status of the Elgin marbles under the norms and principles of Public International Law is revisited upon the following grounds: (a) The existence and legality of the authorizing unilateral acts of the ottoman officials; (b) The international legal regime regarding the protection of cultural property during the time of removal; (c) The legal deficits of the original title (if any) and their opposability vis-à-vis the British government and her instrumentalities, including the British Museum; (d) Whether the current dispute is properly classified as a dispute of Public International Law, regulated by the provisions, both conventional and customary, of the latter; (e) Whether under the current Public International Law regime, there exist norms or legal concepts, some of them even of peremptory status, which may be deemed applicable; (f) Finally, whether the modern practice of international dispute resolution offers diplomatic and/or judicial fora, suitable for the attainment of a final and mutually beneficial settlement.

Who owns the art from the Global South that fills the galleries of museums in the Global North? That has become the most vexing question facing museums in the United States and Europe today. This month historian Sarah Van Beurden examines this issue by looking at the debates over material taken from Africa during the period of European colonialism.
https://origins.osu.edu/read/loot-colonial-collections-and-african-restitution-debates?fbclid=IwAR1gVFSyf2x3Ryt4hs5l2-3SF1uyfR4f-AVkwMMNN126D2xFyEQvFwmxNzo

Sanat eserlerinin ve kültür mirası olanlar dâhil taşınır kültürel varlıkların Türk
hukuk sistemindeki yerinin belirlenmesini amaçlayan bu makalede bilhassa temel
tanımlara, metinlere ve ilgili kurumlara yer verilmiştir. Makalenin bölümlerinde
eser sahibinin hakları; kültür varlıklarının alım-satımı, devletlerin ve kültür
varlığı tacirlerinin özen yükümlülüğü; kullanılması ve tanıtılmasına ilişkin haklar;
istisnalar; kamu yararına kullanım, özel kurumlar ve müzelerde eser sahiplerinin
hakları; vergi konusu; altı farklı ülkenin düzenlemeleri ve Türk hukukundaki
düzenlemeler açıklanmaktadır.
In this article aiming the survey of copyrighted artworks and movable cultural
properties in Turkish judicial system, essential definitions, texts and related
corporations shall be presented. In the sections, the rights of the work’s owner;
purchase-sale of cultural properties; information on the rights regarding use and
representation, legal situation of the purchaser; exceptions; philanthropic use of
art; tax related issues; comparative survey in six countries besides Turkey shall be
defined.

Historically, empires recruited scholars to capture artworks as a complement to military victory. Over the past century, cultural scholars have integrated fine art and antiquities into campaigns of conquest and assessed the political ramifications of damage to historic sites and religious monuments in military intervention. Consequently, historians, archaeologists, and legal scholars have advanced the role of cultural patrimony in international conflict from a rite of conquest to a means of combat. In World War II, art historians in the Nazi regime planned plunder of artworks and destruction of historic structures as a tactic for conquest. During the Cold War, archaeological discoveries in developing nations enabled looting of cultural artifacts, and subsequent legal studies on the transfer of cultural property developed the value of cultural patrimony in the covert battle for control of the Third World. In the post-Cold War as transnational organized crime and terrorism exploit antiquities trafficking and target cultural sites in acts of political violence, scholars in international relations consider culture in security theories. Across the three periods of international conflict, cultural scholars have actively developed the tactical value of cultural patrimony and played a role in transforming the perception of plunder in the context of military victory.

This study explores Jamaican popular music’s changing engagement with globally networked media technologies.  I combine ethnographic analysis of the street dance as a site of urban poor and Black resistance to colonial institutions with an analysis of song lyrics about video cameras at street dances. These newly networked technologies for circulating visual media in global networks affect how Jamaicans perform identity and also affect street dances’ social function. Globally networked digital media generate specific race- and gender-related pressures that reinforce existing and historic inequalities. This global visual media circulation can reshape and limit the ability of the street dance to function as site of autonomy and resistance. A better understanding of local practices can offer an alternative conceptual framework to help practitioners, scholars policy and technology designers avoid reinforcing those inequalities.

On 21 May 2013, I was bestowed the Heart at East Lifetime Achievement Plaque in Tel Aviv's Cinematheque. “Heart at East” is a coalition of 20 NGOs dedicated to promote community consciousness as it exposes and defies Israel’s folkloric marginalization of Mizrahi cultures. Formed in 2009, Heart at East was meant to remedy the extreme inequality in the allocation of public funds and other resources distributed by the Israeli regime to cultural institutions. The Heart at East Lifetime Achievement Plaque was established by these Mizrahi NGOs as an alternative to the Israel Prize, the state’s most prestigious lifetime achievement award. The Israel Prize recognizes contributions to the categories of humanities, natural sciences, culture and arts, and national contributions. Its award ceremony is on Israel’s independence day. Most recipients of this award, however, have been Ashkenazi. The Heart at East Lifetime Achievement Plaque aims to remedy this bias by recognizing the lifetime achievements of Mizrahi community authors, artists, musicians, scientists, and grassroots leaders coming from Israel’s majority citizenry. Below is a link to the Hebrew-to-English translation of the powerpoint presented by the Heart at East MC at the ceremony:

Is there something morally wrong with cultural appropriation in the arts? In this paper, I argue that the little philosophical work on this topic has been overly dismissive of moral objections to cultural appropriation. Nevertheless, I argue that philosophers have developed powerful conceptual tools that can aid in our understanding of objections that have been levied by other scholars and artists. I demonstrate this by bringing the literature on cultural appropriation into dialogue with recent philosophical work on harmful speech and epistemic injustice. I then consider a further philosophical problem for objections to cultural appropriation: namely, that they can seem to embroil us in harmful forms of cultural essentialism. I argue that focusing on the systematic nature of appropriative harms may allow us to sidestep the problem of essentialism, but not without cost.

The tightening interrelation of cultural property and international security—cultural security—creates a need for the collection and analysis of specialized intelligence. “Cultural intelligence” enables assessments of the tactical and strategic significance of antiquities, fine art, and cultural heritage sites to national and regional security. This paper defines a framework for the collection of cultural intelligence as a fundamental asset in countering threats to cultural security. Looting of antiquities as a tactic in campaigns of cultural cleansing, trafficking in antiquities as a source of funding for insurgents, and targeting of historic structures and religious monuments in political violence represent distinct threats to regional security. A critical initial step in countering the threats includes marshalling appropriate sources of information. Publications that report on the art market and cultural property globally and players in the antiquities trade offer opportunities as sources of cultural intelligence. Ultimately, the development of tactical and strategic cultural intelligence can reveal trafficking networks and assess risks to cultural heritage sites. As a starting point, this paper indentifies viable sources of cultural intelligence. Conflicts in Afghanistan (2001) and Iraq (2003) provide examples in retrospect, while volatility in Mali presents an opportunity in the context of an emerging security risk. In conclusion, the paper speculates on the applications of cultural intelligence in regional security.

Imperial Japanese scholars investigated Buddhist art in Korea prior to their country's annexation of Korea, and shortly after that annexation they commenced their restoration work on those investigated cultural artifacts. This paper aims to review the changes in the context of restored Korean Buddhist art through an examination of period photographs. Japanese publishers made frequent use of photographs of Korean cultural properties taken before and after their restoration. Through these modern Japanese publishing and education efforts, Koreans came to perceive their Buddhist cultural properties as objects belonging to the past to be preserved and protected. Korea's Buddhist cultural properties, which had once been pivots of ardent prayers, changed into objects of aesthetic and intellectual appreciation. As a result, Koreans of the period came to consider the objects of Korea's Buddhist material heritage as the subjects of ''sightseeing'' or questions of ''educational refinement'' rather than of religious faith.