Cultural Property Law
   HOME

TheInfoList



OR:

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, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
, 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: *
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 or OEA; ; ; ) is an international organization founded on 30 April 1948 to promote cooperation among its member states within the Americas. Headquartered in Washington, D.C., United States, the OAS is ...
*
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the first international treaty that focuses exclusively on the protection of cultural property in armed conflict. It was signed at The Hague, Nethe ...
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 includes three major sets of provisions. The "re ...
(NAGPRA)


Real property and built environment


See also

*
Art and culture law Art and culture law involves the legal aspects of the visual arts, antiquities, cultural heritage, and the art market. It encompasses the safeguarding, regulation, and facilitation of artistic creation, utilization, and promotion. Practitioners o ...
*
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 socie ...
*
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 prope ...
*
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 he ...


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 {{cultural-studies-stub