Journal articles: 'Cultural property'

1

Winter, Irene J., and Jeanette Greenfield. "Cultural Property." Art Journal 52, no. 1 (1993): 103. http://dx.doi.org/10.2307/777310.

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Speer, Ryan. "State Property or Cultural Property?" Journal of Information Ethics 22, no. 2 (September 1, 2013): 102–9. http://dx.doi.org/10.3172/jie.22.2.102.

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Pokorny, Dusan. "Property, Culture, and Cultural Property." Constellations 9, no. 3 (September 2002): 356–74. http://dx.doi.org/10.1111/1467-8675.00287.

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Prott, Lyndel V., and Patrick J. O'Keefe. "‘Cultural Heritage’ or ‘Cultural Property’?" International Journal of Cultural Property 1, no. 2 (July 1992): 307–20. http://dx.doi.org/10.1017/s094073919200033x.

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Byrne, J. Peter. "Cultural Property: “Progressive Property In Action”." Texas A&M Journal of Property Law 10, no. 1 (March 2024): 1–37. http://dx.doi.org/10.37419/jpl.v10.i1.1.

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Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance public values such as cultural enrichment and community identity. The proliferation of cultural property laws and their acceptance by courts has occurred despite a resurgent property fundamentalism embraced by the Supreme Court. Thus, this Article seeks to explicate the category of cultural property, its fulfillment of progressive theory, and its success in an adverse legal environment. The article originated as part of a symposium responding to Rachael Walsh’s Property Rights and Social Justice: Progressive Property in Act.

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Rodríguez Temiño, Ignacio. "Cultural Property Crime." AP: Online Journal in Public Archaeology 5 (January 7, 2017): 203. http://dx.doi.org/10.23914/ap.v5i0.76.

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Ito, Junji, Yuichiro Taira, Hidetoshi Namiki, Yukino Oishi, and Kensaku Aihara. "Clone Cultural Property." Journal of The Institute of Image Information and Television Engineers 73, no. 4 (2019): 713–18. http://dx.doi.org/10.3169/itej.73.713.

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Thornes, Robin. "Protecting Cultural Property." Visual Resources 12, no. 1 (January 1996): 63–65. http://dx.doi.org/10.1080/01973762.1996.9658363.

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Carpenter, Kristen A., Sonia K. Katyal, and Angela R. Riley. "Clarifying Cultural Property." International Journal of Cultural Property 17, no. 3 (August 2010): 581–98. http://dx.doi.org/10.1017/s0940739110000317.

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Author Stephenie Meyer forever altered the cultural existence of Quileute Indians when she wrote them into her Twilight novels. Now a veritable global phenomenon complete with books, movies, and affiliated merchandise, the Twilight series depicts young, male members of the tribe as vampire-fighting werewolves who ferociously defend a peace and territorial treaty made with local bloodsuckers. In reality, the Quileute Tribe consists of approximately 700 Indians, many of whom live on a remote reservation in the pacific Northwest, a tiny parcel of the once vast Quileute territory. Since Twilight's unprecedented international success, the Quileute have been overwhelmed with fans and entrepreneurs, all grasping, quite literally in some cases, for their own piece of the Quileute.

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Merryman, JH. "Cultural property ethics." International Journal of Cultural Property 7, no. 1 (January 1998): 21–31. http://dx.doi.org/10.1017/s0940739198770043.

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After briefly discussing ethics in general, stating the public interest in cultural property, and positing that collecting and dealing in cultural objects are not inherently unethical activities, the writer contrasts ethical attitudes toward legal controls over the international movement of people and of cultural objects. He then discusses the ethical bases of cultural property export controls and ethical questions raised by dealing in and collecting cultural objects, and identifies particular applications of export controls that are ethically unproblematic or ethically clouded. He discusses the difficult area of antiquities and questions whether anyone involved in it - from source nations, archaeologists, and ethnographers to museums, collectors, and the art trade - has clean hands. Finally, he states a hypothetical case of invited theft and asks readers to decide what the ethical response would be.

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Arthur, Ethan. "Poaching Cultural Property: Invoking Cultural Property Law to Protect Elephants." Journal of International Wildlife Law & Policy 17, no. 4 (October 2, 2014): 231–53. http://dx.doi.org/10.1080/13880292.2014.957029.

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Strang, Thomas J. K., and Robert J. Koestler. "Biodeterioration of Cultural Property." Studies in Conservation 38, no. 2 (May 1993): 139. http://dx.doi.org/10.2307/1506468.

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Carcione, Massimo Marco. "TERRORISM AND CULTURAL PROPERTY." Tilburg Law Review 10, no. 1 (January 1, 2002): 82–89. http://dx.doi.org/10.1163/221125902x00060.

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Carducci, Guido. "Restitution of Cultural Property." Alexandria: The Journal of National and International Library and Information Issues 16, no. 3 (December 2004): 171–74. http://dx.doi.org/10.1177/095574900401600306.

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15

Martin, Graham, and Nigel Blades. "Cultural property environmental monitoring." Studies in Conservation 39, sup2 (January 1994): 159–63. http://dx.doi.org/10.1179/sic.1994.39.supplement-2.159.

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YOUNG, JAMES O. "Cultures and Cultural Property." Journal of Applied Philosophy 24, no. 2 (May 2007): 111–24. http://dx.doi.org/10.1111/j.1468-5930.2007.00359.x.

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Lee, Hyun Kyung, O. Dal Son, and Nayeon Lee. "From Cultural Property to Cultural Heritage: A Historical Review and Critical Reflection of Korea’s Cultural Property." Journal of Cultural Policy 33, no. 3 (December 2019): 5–29. http://dx.doi.org/10.16937/jcp.2019.33.3.5.

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18

Costonis, John J., and Joseph L. Sax. "Casting Light on Cultural Property." Michigan Law Review 98, no. 6 (May 2000): 1837. http://dx.doi.org/10.2307/1290266.

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19

Reichelt, Gerte. "International Protection of Cultural Property (*)." Uniform Law Review os-13, no. 1 (January 1985): 43–153. http://dx.doi.org/10.1093/ulr/os-13.1.43.

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KAWAMOTO, Kozo. "Conservation treatment of Cultural Property." Journal of The Adhesion Society of Japan 45, no. 5 (2009): 184–89. http://dx.doi.org/10.11618/adhesion.45.184.

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21

Benson, Melinda Harm. "Enforcing Traditional Cultural Property Protections." Human Geography 7, no. 2 (July 2014): 60–72. http://dx.doi.org/10.1177/194277861400700205.

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There are many challenges associated with enforcing the protections afforded Traditional Cultural Properties (TCPs) under the National Historic Preservation Act (NHPA). This paper examines how the rules and procedures that animate the law can create a striking disconnect between what the law appears to provide and what it actually delivers. After providing some brief background regarding the literature of legal geography and the protections offered to TCPs, this paper outlines some basic information regarding how administrative law polices both the entry to and operation of the formal legal space known as the federal judicial system through various jurisdictional requirements. It also addresses how mitigation requirements under Section 106 of the NHPA have been undermined as a result of legal processes and interpretive case law. As a relevant example, it uses the current controversy over proposed uranium mining on New Mexico's Mount Taylor. Deemed eligible for federal designation as a TCP in 2008, Mt. Taylor provides a case study in the challenges associated with protecting sacred lands within the processes and frameworks of the current legal system. While the NHPA gives the appearance of honoring Indigenous ontologies, its materialization often results in little more than bureaucratic procedures giving only the appearance of adequate treatment by limiting judicial enforcement.

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22

Thompson, Janna. "Cultural Property, Restitution and Value." Journal of Applied Philosophy 20, no. 3 (November 2003): 251–62. http://dx.doi.org/10.1046/j.0264-3758.2003.00251.x.

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23

Pomian, Krzysztof. "Cultural Property, National Treasures, Restitution1." Museum International 57, no. 4 (December 2005): 71–84. http://dx.doi.org/10.1111/j.1468-0033.2005.00542.x.

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24

Papademetriou, Theresa. "International Aspects of Cultural Property." International Journal of Legal Information 24, no. 3 (1996): 270–301. http://dx.doi.org/10.1017/s0731126500000378.

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The significance of cultural property as “a basic element of civilization and national culture” and its interchange among countries for scientific, cultural and educational purposes has been acknowledged in a number of legal instruments prepared under the aegis of UNESCO, an intergovernmental organization dedicated to the preservation of the world's cultural heritage. As the Preamble of the 1970 UNESCO Convention on theMeans of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Propertyasserts: “… [the interchange] increases the knowledge of the civilization of man, enriches the cultural life of all peoples and inspires mutual respect and appreciation among nations.” Moreover, the 1995 adopted UNIDROITConvention on Stolen or Illegally Exported Cultural Objectsfurther attests to the: “…fundamental importance of the protection of cultural heritage and of cultural exchanges for promoting understanding between peoples, and the dissemination of culture for the well-being of humanity and the progress of civilization.”

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25

BERSON, JOSH. "Intellectual Property and Cultural Appropriation." Reviews in Anthropology 39, no. 3 (September 13, 2010): 201–28. http://dx.doi.org/10.1080/00938157.2010.509026.

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26

Greenfield, Jeanette. "The return of cultural property." Antiquity 60, no. 228 (March 1986): 29–35. http://dx.doi.org/10.1017/s0003598x00057598.

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The seventeenth and eighteenth centuries bore witness to the zenith of the European art of 'collecting' antiquities. The second half of the nineteenth century saw the beginnings of systematic archaeological techniques of excavation, field survey, conservation and protection. It saw what Professor Seton Lloyd has called the 'birth of a conscience' regarding the expropriation of antiquities from other countries. In the twentieth century the idea has emerged that cultural property is a matter of international concern, as being part of the 'heritage of mankind'. This concern has centred around looting from and destruction of archaeological sites, cultural heritage, the illicit traffic of art in the international market, and the return of cultural property. ildditional controls have been sought to establish the protection of cultural property in time of war as well as peace.

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27

Carman, John. "Links: Going Beyond Cultural Property." Archaeologies 14, no. 1 (April 2018): 164–83. http://dx.doi.org/10.1007/s11759-018-9337-y.

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28

Handler, Richard. "Cultural Property and Culture Theory." Journal of Social Archaeology 3, no. 3 (October 2003): 353–65. http://dx.doi.org/10.1177/14696053030033004.

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29

Puri, Kamal. "Copyright protection of cultural property." Information & Communications Technology Law 4, no. 2 (January 1995): 187–91. http://dx.doi.org/10.1080/13600834.1995.9965718.

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30

Silberman, Neil Asher. "From Cultural Property to Cultural Data: The Multiple Dimensions of “Ownership” in a Global Digital Age." International Journal of Cultural Property 21, no. 3 (August 2014): 365–74. http://dx.doi.org/10.1017/s0940739114000162.

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Abstract:The global digital environment and the continuous expansion of digital information about cultural property necessitate a reevaluation of John Henry Merryman’s tripartite typology of cultural property ideals. Merryman put forth those ideals, namely 1.) ensuring the physical preservation of cultural property, 2.) protecting its even-handed interpretation, and 3.) offering public access to cultural property, as the main bases for the settlement of international cultural property disputes. However, new questions have arisen about the status of cultural property in an era when detailed virtual copies of cultural property are instantaneously available. For example, to what extent is digitized cultural property data should itself be regarded as cultural property? This paper will address some of the ethical issues related to the physical preservation, interpretation, and access to this digitized cultural property data. It will conclude with an examination of another type of cultural heritage data: the increasing use of behavioral data about cultural property consumers and audiences as a marketing tool by cultural institutions. This ominous new turn in the commodification of cultural property, it will be suggested, identifies items of cultural significance not only as objects of ownership and sale, but also as a marketable entertainment experience.

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31

Nemeth, Erik. "Collecting Cultural Intelligence: The Tactical Value of Cultural Property." International Journal of Intelligence and CounterIntelligence 24, no. 2 (June 2011): 217–38. http://dx.doi.org/10.1080/08850607.2011.519247.

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32

Renold, Marc-André. "Cultural Co-Ownership: Preventing and Solving Cultural Property Claims." International Journal of Cultural Property 22, no. 2-3 (August 2015): 163–76. http://dx.doi.org/10.1017/s0940739115000223.

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Abstract:Cultural property claims are numerous and of very different nature. Some relate to recent trafficking of cultural property;1some are based on ancient legal grounds which are contested today;2others relate to past wars and colonial times;3others, still, relate to mass spoliations in times of conflict.4In general, though, the original owner seeks to recover what was taken from him, or at least to obtain some form of compensation.5The present owner or possessor is as a matter of principle interested in keeping his possession.6These conflicting positions are often seen as irreconcilable and, indeed, litigation in a traditional manner will bring to the typical “either/or” solution: either I am the owner, or you are. There is no in-between solution.

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33

Muscarella, Oscar White, Phyllis Mauch Messenger, and Jeanette Greenfield. "The Ethics of Collecting Cultural Property: Whose Culture? Whose Property?" American Journal of Archaeology 95, no. 2 (April 1991): 342. http://dx.doi.org/10.2307/505729.

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34

Coggins, Clemency Chase, and Phyllis Mauch Messenger. "The Ethics of Collecting Cultural Property: Whose Culture? Whose Property?" Journal of Field Archaeology 18, no. 3 (1991): 389. http://dx.doi.org/10.2307/529943.

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35

Evans-Pritchard, Deirdre, and Phyllis Mauch Messenger. "The Ethics of Collecting Cultural Property: Whose Culture? Whose Property?" Journal of American Folklore 104, no. 411 (1991): 119. http://dx.doi.org/10.2307/541148.

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36

Evans-Pritchard, Deirdre, and Phyllis Mauch Messenger. "The Ethics of Collecting Cultural Property: Whose Culture? Whose Property?" Journal of American Folklore 106, no. 421 (1993): 351. http://dx.doi.org/10.2307/541428.

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37

Niedzielski-Eichner, Nora. "Art Historians and Cultural Property Internationalism." International Journal of Cultural Property 12, no. 2 (May 2005): 183–200. http://dx.doi.org/10.1017/s0940739105050101.

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This article responds to John Merryman's article on cultural property internationalism in the last issue of the International Journal of Cultural Property (IJCP). It considers the increasing, although still limited, role that art historians working out of universities play in the debates around the ownership of cultural property. Although there are a number of principles embedded in cultural internationalism that are still widely supported, art historians seem to be moving away from cultural property internationalism. One reason for the increasing critique of cultural property internationalism is the rise of scholarship that questions traditional art history and its relationship to colonialism.

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Salam Al Quntar. "Syrian Cultural Property in the Crossfire:." Journal of Eastern Mediterranean Archaeology & Heritage Studies 1, no. 4 (2013): 348. http://dx.doi.org/10.5325/jeasmedarcherstu.1.4.0348.

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39

Sax, Joseph L. "Legal Concepts of Cultural Heritage Property." RBM: A Journal of Rare Books, Manuscripts, and Cultural Heritage 8, no. 1 (March 1, 2007): 67–74. http://dx.doi.org/10.5860/rbm.8.1.279.

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Property is one of the most intuitively natural of all legal concepts, as anyone who has watched two children contending over a toy can attest. It is also one of the most useful. Without it, there could be no bank accounts, no markets, no inheritance, and no security in one’s home. Almost every material thing in life depends on the invention and elaboration of the idea and laws of property. The important qualifier is the term “almost.” We all know that there are the obvious exceptions where ordinary proprietary rules do not and should not apply, such as in human . . .

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40

Shina, Shintaro. "Protection of Cultural Property and Law." TRENDS IN THE SCIENCES 4, no. 9 (1999): 6–9. http://dx.doi.org/10.5363/tits.4.9_6.

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41

Merryman, John Henry. "The Public Interest in Cultural Property." California Law Review 77, no. 2 (March 1989): 339. http://dx.doi.org/10.2307/3480607.

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42

Umney, Nicholas D. "The Conservation of Wooden Cultural Property." Studies in Conservation 31, no. 3 (August 1986): 142. http://dx.doi.org/10.2307/1506262.

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43

Price, Jon. "Archaeology, Cultural Property, and the Military." Public Archaeology 10, no. 3 (August 2011): 180–83. http://dx.doi.org/10.1179/175355311x13149692332394.

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44

Abdulkarim, Maamoun. "Illicit trafficking of Syrian cultural property." Uniform Law Review - Revue de droit uniforme 20, no. 4 (December 2015): 561–67. http://dx.doi.org/10.1093/ulr/unv021.

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45

Phuong, Catherine. "THE PROTECTION OF IRAQI CULTURAL PROPERTY." International and Comparative Law Quarterly 53, no. 4 (October 2004): 985–98. http://dx.doi.org/10.1093/iclq/53.4.985.

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Images of widespread looting were the first to come from Baghdad following the entry of US forces into the Iraqi capital city in April 2003. In particular, it is hard to forget the powerful images of smashed display cases, empty vaults, and desperate staff in the Iraqi National Museum. Worse still, the National Library was burnt down. The looting of the Iraqi National Museum took place between 8 April, when the security situation prompted staff to leave the museum, and 12 April when some of them managed to return. Despite early pleadings with US forces to move a tank to guard the museum gates, US tanks did not arrive until 16 April.1 Cynics would say that the protection of the Oil Ministry appeared to take priority at the time.2 Early reports estimated that around 170,000 items went missing from the Iraqi National Museum in Baghdad.3 This figure was completely exaggerated and the Bogdanos enquiry established that over 13,000 items had been stolen and about 3,000 recovered by September 2003.4 This article seeks to determine to what extent the US can be held legally responsible for the looting, and then to examine the international legal framework in place to facilitate the recovery and return of the items stolen from the Iraqi National Museum and other Iraqi cultural institutions

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46

Gößwald, Udo. "Icom statement on reclaiming cultural property." Museum International 61, no. 1-2 (May 2009): 87–90. http://dx.doi.org/10.1111/j.1468-0033.2009.01683.x.

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47

Koestler, R. J. "Biodeterioration of cultural property: a bibliography." International Biodeterioration & Biodegradation 48, no. 1-4 (January 2001): 211–12. http://dx.doi.org/10.1016/s0964-8305(01)00098-1.

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48

Weber, Marc. "New Swiss Law on Cultural Property." International Journal of Cultural Property 13, no. 1 (February 2006): 99–113. http://dx.doi.org/10.1017/s0940739106060048.

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On June 1, 2005, the Swiss Federal Act on the International Transfer of Cultural Property (Cultural Property Transfer Act [CPTA]) and the regulations thereof became effective. The CPTA implements the minimal standards of the UNESCO Convention of 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. The CPTA fills a gap, because Switzerland is not a member state of the Convention of June 24, 1995, on Stolen or Illegally Exported Cultural Objects (Unidroit Convention 1995). In addition, as a nonmember state of the European Union (EU) and the European Economic Community (EEC), the Council Directive 93/7/EEC of March 15, 1993, on the Return of Cultural Objects Unlawfully Removed from the Territory of a Member State is not applicable. The CPTA enforces foreign export bans in Switzerland. However, claims in Switzerland for return of foreign, illegally exported cultural property are only successful when there is an agreement on the import and return of cultural property between Switzerland and the claiming foreign state. Like Switzerland, the claiming state must be a member state of the UNESCO Convention of 1970.

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49

Frey, Bruno S. "Evaluating Cultural Property: The Economic Approach." International Journal of Cultural Property 6, no. 2 (July 1997): 231–46. http://dx.doi.org/10.1017/s0940739197000313.

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AbstractThe preservation of cultural heritage is costly and one has to decide if and which items of cultural heritage are worth preserving. A method for determining the value of cultural heritage is therefore needed. In economics, several evaluation procedures are applied. This article briefly comments on impact studies and willingness- to-pay studies (hedonic market approach and the travel cost approach) and then focuses on contingent valuation surveys. The application of contingent valuation on the arts and related problems are discussed. Finally, the article combines the evaluation methods with democratic decisions by referenda. Switzerland presents an example of referenda held on art policy.

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50

Shapiro, D. "Introduction. Ethical considerations and cultural property." International Journal of Cultural Property 7, no. 1 (January 1998): 5–6. http://dx.doi.org/10.1017/s094073919877002x.

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Journal articles on the topic 'Cultural property'

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