Cultural property law is the body of law that protects and regulates the disposition of
culturally significant material, including historic
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 affixe ...
, 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:
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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 ...
of 1935, amongst the
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 ...
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of 1954, 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
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 ...
(NAGPRA)
[ ]
Real property and built environment
See also
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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 ...
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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 soci ...
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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 pro ...
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Treasure trove
A treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the hei ...
References
External links
The Cultural Property and Archaeology Law BlogHeritage Law Bibliography
* aunders, 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
Property law
Cultural heritage
Art and cultural repatriation
Art and culture law
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