Why do you think it's yours? An exposition of the jurisprudence underlying the debate between cultural nationalism and cultural internationalism
Article Abstract:
The ongoing debate over the law of ownership of "cultural property," such as objects of artistic, archeological or historic value that are culturally tied to a nation-state, can be viewed as a dialogue between "cultural nationalists," and "cultural internationalists." Cultural nationalists believe that cultural items belong within the nation of origin's boundaries, while cultural nationalists see such objects as part of a common human culture whose preservation, integrity, and access is more important than its location. Taking both arguments into account, it would appear that cultural property law should blend recognition of state sovereignty with a right of international protection.
Publication Name: George Washington Journal of International Law and Economics
Subject: Law
ISSN: 0748-4305
Year: 1998
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The economics of antiquities looting and a proposed legal alternative
Article Abstract:
The law of antiquities should be revised to replace prohibition of expatriation of art treasures with government-run auctions that will promote discovery of artifacts and improve market value by ensuring the provenance of the auctioned items. Prohibition schemes promote black markets because of the prices that antiquities command. The governments of antiquity-rich countries could exercise greater control over what treasures are retained and which are put up for auction. The nations would get compensation for those items allowed to be expatriated.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1995
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Free trade and the protection of cultural property: the need for an economic incentive to report newly discovered antiquities
Article Abstract:
International and national laws, including economic incentives, are needed to curb the global trade in stolen cultural property. Citizens should be provided with incentives to report newly-discovered antiquities and allowed to sell minor pieces through national catalogs. Such incentives would allow states to control sales, while empowering residents economically and preventing illegal trade.
Publication Name: George Washington Journal of International Law and Economics
Subject: Law
ISSN: 0748-4305
Year: 1995
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