Prohibiting Plunder

Author: Wayne Sandholtz
Publisher: Oxford University Press
ISBN: 9780199725472
Format: PDF, Docs
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For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.

Defending National Treasures

Author: Elizabeth Karlsgodt
Publisher: Stanford University Press
ISBN: 0804777829
Format: PDF, Docs
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Defending National Treasures explores the fate of art and cultural heritage during the Nazi occupation of France. The French cultural patrimony was a crucial locus of power struggles between German and French leaders and among influential figures in each country. Karlsgodt examines the preservation policy that the Vichy regime enacted in an assertion of sovereignty over French art museums, historic monuments, and archeological sites. The limits to this sovereignty are apparent from German appropriations of public statues, Jewish-owned art collections, and key "Germanic" works of art from French museums. A final chapter traces the lasting impact of the French wartime reforms on preservation policy. In Defending National Treasures, Karlsgodt introduces the concept of patrimania to reveal examples of opportunism in art preservation. During the war, French officials sought to acquire coveted artwork from Jewish collections for the Louvre and other museums; in the early postwar years, they established a complicated guardianship over unclaimed art recovered from Germany. A cautionary tale for our own times, Defending National Treasures examines the ethical dimensions of museum acquisitions in the ongoing noble quest to preserve great works of art.

State Succession in Cultural Property

Author: Andrzej Jakubowski
Publisher: OUP Oxford
ISBN: 0191058009
Format: PDF
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The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states.

China Cultural Heritage and International Law

Author: Hui Zhong
Publisher: Routledge
ISBN: 1351605690
Format: PDF, ePub, Mobi
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China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

Governing Guns Preventing Plunder

Author: Asif Efrat
Publisher: Oxford University Press
ISBN: 0199974330
Format: PDF, Mobi
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From human trafficking to the smuggling of small arms to the looting of antiquities, illicit trade poses significant threats to international order. So why is it so difficult to establish international cooperation against illicit trade? Governing Guns, Preventing Plunder offers a novel, thought-provoking answer to this crucial question. Conventional wisdom holds that criminal groups are the biggest obstacle to efforts to suppress illicit trade. Contrarily, Asif Efrat explains how legitimate actors, such as museums that acquire looted antiquities, seek to hinder these regulatory efforts. Yet such attempts to evade regulation fuel international political conflicts between governments demanding action against illicit trade and others that are reluctant to cooperate. The book offers a framework for understanding the domestic origins of these conflicts and how the distribution of power shapes their outcome. Through this framework, Efrat explains why the interests of governments vary across countries, trades, and time. In a fascinating empirical analysis, he solves a variety of puzzles: Why is the international regulation of small arms much weaker than international drug control? What led the United States and Britain to oppose the efforts against the plunder of antiquities, and why did they ultimately join these efforts? How did American pressure motivate Israel to tackle sex trafficking? Efrat's findings will change the way we think about illicit trade, offering valuable insights to scholars, activists, and policymakers.