This collection brings together selected articles on key areas in the field of cultural heritage rights discourse. Contributed by an international group of scholars, the papers address conceptual and political issues and explore themes in contemporary literature on cultural heritage such as repatriation, looting and illicit trade, the effects of armed conflict and the relationship between tourism, economic development and cultural heritage. The legal regulation of cultural heritage is also discussed, with articles on regulatory challenges, current practices around the world and issues and challenges in common. Topics which are likely to become increasingly important in the future, such as climate change, cultural globalisation, human genomic science and the shift to a post-liberal, post-rights politics and law of cultural heritage, are also explored. This volume, which presents the most up-to-date scholarship in an area of increasing interest and relevance, is an indispensable reference resource for libraries, lecturers and students.
Table of Contents
Contents: Introduction; Bibliography and further reading. Part I Foundations: The Concept of Cultural Heritage: Cultural property internationalism, John Henry Merryman; On defining the cultural heritage, Janet Blake; The Politics of Cultural Heritage Rights: The expanding purview of cultural properties and their politics, Rosemary J. Coombe; The politics of preservation: privileging one heritage over another, Jonathan S. Bell. Part II Types of Cultural Heritage Rights: Natural Heritage as Cultural Heritage: Nature and culture: a new World Heritage context, Shabnam Inanloo Dailoo and Frits Pannekoek; World Heritage and rights-based approaches to nature conservation, Gonzalo Oviedo and Tatjana Puschkarsky; Urban Landscapes as Cultural Heritage: Informal settlements and urban heritage landscapes in South Africa, Lindsay M. Weiss; Artefactual Cultural Heritage Rights: Sir, how much is that Ming vase in the window? Protecting cultural relics in the People's Republic of China, Michael L. Dutra; Underwater Cultural Heritage Rights: 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage, Sarah Dromgoole; Intangible Cultural Heritage Rights: Heritage trouble: recent work on the protection of intangible cultural property, Michael F. Brown; The UNESCO concept of safeguarding intangible cultural heritage: its background and Marrakchi roots, Thomas M. Schmitt; Indigenous Cultural Heritage Rights: Indigenous cultural heritage in development and trade: perspectives from the dynamics of cultural heritage law and policy, Rosemary J. Coombe with Joseph F. Turcotte; Indigenous cultural landscapes and the politics of heritage, Melissa F. Baird. Part III Contemporary Issues in Cultural Heritage Rights Law: Repatriation of Cultural Heritage: Resolving material culture disputes: human rights, property rights and crimes against humanity, Robert K. Paterson; Illicit Trade in Cultural Heritage: Controlling the international market in antiquities: reducing the harm, preserving the past, Patty Gerstenblith; Armed Conflict and Cultural Heritage Protection: The protection of cultural property in times of armed conflict: the practice of the International Criminal Tribunal for the former Yugoslavia, Hirad Abtahi; The obligation to prevent and avoid destruction of cultural heritage: from Bamiyan to Iraq, Francesco Francioni and Federico Lenzerini; Tourism, Economic Development and Cultural Heritage Protection: Post-conflict heritage and tourism in Cambodia: the burden of Angkor, Tim Winter. Part IV Future Directions in Cultural Heritage Rights Law: Cultural Heritage Protection and the Challenge of Climate Change: Changing climate, changing culture: adding the climate change dimension to the protection of intangible cultural heritage, Hee-Eun Kim; Cultural Expressions as Cultural Heritage: The UNESCO Convention on the Protection and Promotion of Cultural Expressions: building a new world information and communication order?, Rachael Craufurd Smith; The Human Genome and Cultural Heritage: The human genome as common heritage: common sense or legal nonsense?, Pilar N. Ossorio; Beyond Rights? Rethinking the Cultural Heritage Protection Paradigm: Cultural heritage rights: from ownership and descent to justice and well-being, Ian Hodder. Name index.
Anthony J. Connolly is an Associate Professor at the Law School of the Australian National University, specialising in legal philosophy, indigenous rights law, and public law.