Cultural property law

Cultural property law is the body of law that protects and regulates the disposition of culturally significant material,^[1] including historic real property, ancient and historic artifacts, artwork, and intangible cultural property.^[2] 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.^[3] Cultural property laws may be international (such as international conventions or bilateral agreements) or domestic (such as federal laws or state laws).

Definition[]

Major issues[]

Cultural property during armed conflict[]

Two major treaties have dealt with the issue of cultural heritage protection during armed conflict:

Roerich Pact of 1935, amongst the Pan American Union
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954,^[4] 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 (NAGPRA)^[5]

Real property and built environment[]

References[]

^ Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016) https://repository.jmls.edu/cgi/viewcontent.cgi?article=1392&context=ripl
^ "Cultural Property".
^ Saunders, Pammela Q., "A Sea Chance Off the Coast of Maine: Common Pool Resources as Cultural Property, vol. 60, Emory L.J. (June 2011), https://ssrn.com/abstract=1701225
^ "Archived copy". Archived from the original on 1997-05-25. Retrieved 2009-11-12.{{cite web}}: CS1 maint: archived copy as title (link)
^ "Native American Graves Protection and Repatriation Act (U.S. National Park Service)".

External links[]

The Cultural Property and Archaeology Law Blog
Heritage Law Bibliography
[Saunders, 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]

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[1] Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016) https://repository.jmls.edu/cgi/viewcontent.cgi?article=1392&context=ripl

[2] "Cultural Property".

[3] Saunders, Pammela Q., "A Sea Chance Off the Coast of Maine: Common Pool Resources as Cultural Property, vol. 60, Emory L.J. (June 2011), https://ssrn.com/abstract=1701225

[4] "Archived copy". Archived from the original on 1997-05-25. Retrieved 2009-11-12.{{cite web}}: CS1 maint: archived copy as title (link)

[5] "Native American Graves Protection and Repatriation Act (U.S. National Park Service)".

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