Cultural Property And Contested Ownership

Against the backdrop of international conventions and their implementation, Cultural Property and Contested Ownership explores how highly-valued cultural goods are traded and negotiated among diverging parties and their interests. Cultural artefacts, such as those kept and trafficked between art dealers, private collectors and museums, have become increasingly localized in a ‘Bermuda triangle’ of colonialism, looting and the black market, with their re-emergence resulting in disputes of ownership and claims for return. This interdisciplinary volume provides the first book-length investigation of the changing behaviours resulting from the effect of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The collection considers the impact of the Convention on the way antiquity dealers, museums and auction houses, as well as nation states and local communities, address issues of provenance, contested ownership, and the trafficking of cultural property. The book contains a range of contributions from anthropologists, lawyers, historians and archaeologists. Individual cases are examined from a bottom-up perspective and assessed from the viewpoint of international law in the Epilogue. Each section is contextualised by an introductory chapter from the editors.

Public and private institutions in the United States have long been home to a variety of art works, antiquities, and ethnological materials. For years, these collections have been seen as important archives that allow present and future generations to enjoy, appreciate, and value the art of all cultures. The past decade, however, has seen major changes in law and public policy and an active, ongoing debate over legal and ethical issues affecting the ownership of art and other cultural property. Contributors to Who Owns the Past? include legal scholars, museum professionals, anthropologists, archaeologists, and collectors. In clear, nontechnical language, they provide a comprehensive overview of the development of cultural property law and practices, as well as recent case law affecting the ability of museums and private collectors to own art from other countries. Topics covered include rights to property, ethical ownership, the public responsibilities of museums, threats to art from war, pillage, and development, and international cooperation to preserve collections in the developing world. Engaging all perspectives on this debate, Who Owns the Past? challenges all who care about the arts to work together toward policies that consider traditional American interests in securing cultural resources and respect international concerns over loss of heritage.

Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.

This provocative collection of essays - a series of case studies in cultural ownership by scholars from a range of fields - explores issues of cultural heritage and intellectual property in a variety of contexts, from contests over tangible artefacts as well as more abstract forms of culture such as language and oral traditions to current studies of DNA and genes that combine nature and culture, and even new, non-proprietary models for the sharing of digital technologies.

What happens when ritual practitioners from a small Pacific nation make an intellectual property claim to bungee jumping? When a German company successfully sues to defend its trademark of a Māori name? Or when UNESCO deems ephemeral sand drawings to be "intangible cultural heritage"? In Treasured Possessions, Haidy Geismar examines how global forms of cultural and intellectual property are being redefined by everyday people and policymakers in two markedly different Pacific nations. The New Hebrides, a small archipelago in Melanesia managed jointly by Britain and France until 1980, is now the independent nation-state of Vanuatu, with a population that is more than 95 percent indigenous. New Zealand, by contrast, is a settler state and former British colony that engages with its entangled Polynesian and British heritage through an ethos of "biculturalism" that is meant to involve an indigenous population of just 15 percent. Alternative notions of property, resources, and heritage—informed by distinct national histories—are emerging in both countries. These property claims are advanced in national and international settings, but they emanate from specific communities and cultural landscapes, and they are grounded in an awareness of ancestral power and inheritance. They reveal intellectual and cultural property to be not only legal constructs but also powerful ways of asserting indigenous identities and sovereignties.

The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

Disputed Archival Heritage brings important new perspectives into the discourse on displaced archives. In contrast to shared or joint heritage framings, the book considers the implications of force, violence and loss in the displacement of archival heritage. With chapters from established and emerging scholars in archival studies, Disputed Archival Heritage extends and enriches the conversation that started with the earlier volume, Displaced Archives. Advancing novel theories and methods for understanding disputes and claims over archives, the volume includes chapters that focus on Indigenous records in settler colonial states; literary and community archives; sub-national and private sector displacements; successes in repatriating formerly displaced archives; comparisons with cultural objects seized by colonial powers and the relationship between repatriation and reparations. Analysing key concepts such as joint heritage and provenance, the contributors unsettle Western understandings of records, place and ownership. Disputed Archival Heritage speaks to the growing interest in shared archival heritage, repatriation of cultural artefacts and cultural diasporas. As such, it will be a useful resource for academics, students and practitioners working in the field of archives, records and information management, as well as cultural property and heritage management, peace and conflict studies and international law.

The Politics of Private Property investigates the functions of private property within U.S. American cultural discourse. It mobilizes property as an analytical category and examines how social and political debates from the early nineteenth to the twenty-first century have generated competing and contested claims to ownership.