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Cultural Property Law
Cultural property law is the body of law that protects and regulates the disposition of culturally significant material, including historic real property, ancient and historic artifacts, artwork, and intangible cultural property. 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. Cultural property laws may be international (such as international conventions or bilateral agreements) or domestic (such as federal laws or state laws). 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, superseding the Roerich Pact. Repatriation and looting Repatriation issues may also apply domestically, f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cultural Heritage
Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society. Cultural heritage includes cultural property, tangible culture (such as buildings, monuments, landscapes, books, works of art, and artifacts), intangible heritage, intangible culture (such as folklore, traditions, language, and knowledge), and natural heritage (including culturally significant landscapes, and biodiversity).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 The term is often used in connection with issues relating to the protection of Indigenous intellectual property. The deliberate act of keeping cultural heritage from the present for the future is known as Conservation (cul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called ''immobilier'' ("immovable property"). Historical background The word " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roerich Pact
The Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments or Roerich Pact is an inter-American treaty. The most important idea of the Roerich Pact is the legal recognition that the defense of cultural objects is more important than the use or destruction of that culture for military purposes, and the protection of culture always has precedence over any military necessity. Nicholas Roerich Russian painter and philosopher Nicholas Roerich (1874–1947) initiated the modern movement for the defense of cultural objects, for the idea of "Peace of Civilizations". Besides the recognition as one of the greatest Russian painters, Roerich's most notable achievement during his lifetime was the Roerich Pact signed on 15 April 1935 by the representatives of American states in the Oval Office of the White House (Washington, DC). It was the first international treaty signed in the Oval Office. Nicholas Roerich was born on 9 October 9, 1874, in St. Peters ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pan American Union
The Organization of American States (OAS; es, Organización de los Estados Americanos, pt, Organização dos Estados Americanos, french: Organisation des États américains; ''OEA'') is an international organization that was founded on 30 April 1948 for the purposes of solidarity and co-operation among its member states within the Americas. Headquartered in the United States capital, Washington, D.C., the OAS has 35 members, which are independent states in the Americas. Since the 1990s, the organization has focused on election monitoring. The head of the OAS is the Secretary General; the incumbent is Uruguayan Luis Almagro. History Background The notion of an international union in the New World was first put forward during the liberation of the Americas by José de San Martín and Simón Bolívar who, at the 1826 Congress of Panama (still being part of Colombia), proposed creating a league of American republics, with a common military, a mutual defense pact, and a supr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflict
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the first international treaty that focuses exclusively on the protection of cultural property in armed conflict. It was signed at The Hague, Netherlands, on 14 May 1954 and entered into force on 7 August 1956. As of September 2018, it has been ratified by 133 states. The provisions of the 1954 Convention were supplemented and clarified by two protocols concluded in 1954 and 1999. All three agreements are part of International Humanitarian Law, which, in the form of further agreements, primarily includes provisions defining the permissible means and methods of warfare and aiming at the widest possible protection of persons not involved in the fighting. In contrast to these parts of International Humanitarian Law, the agreements on the protection of cultural property were drawn up under the auspices of the United Nations (UN); the United Nations Educational, Scientific and Cultural Or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Looted Art
Looted art has been a consequence of looting during war, natural disaster and riot for centuries. Looting of art, archaeology and other cultural property may be an opportunistic criminal act or may be a more organized case of unlawful or unethical pillage by the victor of a conflict. The term "looted art" reflects bias, and whether particular art has been taken legally or illegally is often the subject of conflicting laws and subjective interpretations of governments and people; use of the term "looted art" in reference to a particular art object implies that the art was taken illegally. Related terms include ''art theft'' (the stealing of valuable artifacts, mostly because of commercial reasons), ''illicit antiquities'' (covertly traded antiquities or artifacts of archaeological interest, found in illegal or unregulated excavations), '' provenance'' (the origin or source of a piece of art), and '' art repatriation'' (the process of returning artworks and antiques to their ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antiquities Trade
The antiquities trade is the exchange of antiquities and archaeological artifacts from around the world. This trade may be illicit or completely legal. The legal antiquities trade abides by national regulations, allowing for extraction of artifacts for scientific study whilst maintaining archaeological and anthropological context. The illicit antiquities trade involves non-scientific extraction that ignores the archaeological and anthropological context from the artifacts. Legal trade The legal trade in antiquities abide by the laws of the countries in which the artifacts originate. These laws establish how the antiquities may be extracted from the ground and the legal process in which artifacts may leave the country. In many countries excavations and exports were prohibited without official licenses already in the 19th century, as for example in the Ottoman Empire. According to the laws of the countries of origin, there can't be a legal trade with archaeological artifact without o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native American Graves Protection And Repatriation Act
The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on November 16, 1990. The Act requires federal agencies and institutions that receive federal funding to return Native American "cultural items" to lineal descendants and culturally affiliated American Indian tribes, Alaska Native villages, and Native Hawaiian organizations. Cultural items include human remains, funerary objects, sacred objects, and objects of cultural patrimony. A program of federal grants assists in the repatriation process and the Secretary of the Interior may assess civil penalties on museums that fail to comply. NAGPRA also establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands. While these provisions do not apply to discoveries or excavations on private or state lands, the collection provisions of the Act may ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Art And Culture Law
Art and culture law is the body of law, including domestic and foreign law, and multilateral treaties and conventions, that regulates and is applied to artists, fine art and cultural property. Art can expose society's faults and freedoms and often artistic expression can conflict with cultural and political ideals. Yet equally, art can also make sense of law - advancing dialogues on social injustice. Areas of art and culture law * Art and cultural property law * Art and cultural heritage law * Berne Convention for the Protection of Literary and Artistic Works (1971) * Copyright litigation * Cultural property disputes * Cultural property law * Federal cultural property legislation * International cultural property protection * Moral rights Theories John Henry Merryman is a pioneer of cultural and artistic property law academia. He has drawn distinctions between ''two'' paradigms through which art and cultural law can be defined. The ''first'' is the subject being independent of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cultural Heritage
Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society. Cultural heritage includes cultural property, tangible culture (such as buildings, monuments, landscapes, books, works of art, and artifacts), intangible heritage, intangible culture (such as folklore, traditions, language, and knowledge), and natural heritage (including culturally significant landscapes, and biodiversity).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 The term is often used in connection with issues relating to the protection of Indigenous intellectual property. The deliberate act of keeping cultural heritage from the present for the future is known as Conservation (cul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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