Cultural property law
Cultural property law is the body of law that protects and regulates the disposition of culturally significant material,[1] including historic real property, ancient and historic artifacts, artwork, and intangible cultural property.[2] Cultural property can be any property, tangible or intangible, having special significance to a defined group of people, whether or not the group is vested with a traditional property interest.[3] Cultural property laws may be international (such as international conventions or bilateral agreements) or domestic (such as federal laws or state laws).
Definition
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Major issues
Cultural property during armed conflict
Two major treaties have dealt with the issue of cultural heritage protection during armed conflict:
- Roerich Pact of 1935, amongst the Pan American Union
- Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954,[4] superseding the Roerich Pact.
Repatriation and looting
Repatriation issues may also apply domestically, for instance, in the United States, the 1990 Native American Graves Protection and Repatriation Act (NAGPRA)[5]
Real property and built environment
See also
References
- ^ Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016) https://repository.jmls.edu/cgi/viewcontent.cgi?article=1392&context=ripl
- ^ http://www.hanksville.org/sand/cp.html
- ^ Saunders, Pammela Q., "A Sea Chance Off the Coast of Maine: Common Pool Resources as Cultural Property, vol. 60, Emory L.J. (June 2011), https://ssrn.com/abstract=1701225
- ^ "Archived copy". Archived from the original on 1997-05-25. Retrieved 2009-11-12.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ http://www.nps.gov/history/Nagpra/FAQ/INDEX.HTM
External links
- The Cultural Property and Archaeology Law Blog
- Heritage Law Bibliography
- [Saunders, Pammela Q., "A Sea Change Off the Coast of Maine: Common Pool Resources as Cultural Property, vol. 60, Emory L.J. (June 2011), https://ssrn.com/abstract=1701225]