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.

United States, Political aspects, Law, Comparative analysis, Culture, Nationalism, Culture and law, Critical legal studies

---

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.

Economic aspects, Archaeology

---

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.

Social aspects, Free trade

Similar abstracts:

• Abstracts: Far-reaching changes: the future expansion of personal jurisdiction over foreign defendants under the Federal Rules of Bankruptcy Procedure
• Abstracts: Arbitration in the securities field: does the present system of arbitration between small investors and brokerage firms really protect anyone?
• Abstracts: IRS calling; don't worry, maybe it's not an audit. Take shelter; enjoying the benefits of pension and profit-sharing plans
• Abstracts: The jurisprudence of legitimacy: applying the Constitution to U.S. territories. Self-defense and subjectivity
• Abstracts: The use of supermajority voting rules in corporate America: majority rule, corporate legitimacy, and minority shareholder protection

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.