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Protecting cultural objects : before and after 1970 / by Patrick J. O' Keefe, Honorary Professor, TC Beirne School of Law, University of Queensland, A.M.; Ph.D. (Sydney); LL.M. (A.N.U.); M.A. (City of London Polytechnic); LL.B. (Q'ld); B.A., (Q'ld); F.S.A.; A.S.A.L.S.; F.A.H.A.
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Title:Protecting cultural objects : before and after 1970 / by Patrick J. O' Keefe, Honorary Professor, TC Beirne School of Law, University of Queensland, A.M.; Ph.D. (Sydney); LL.M. (A.N.U.); M.A. (City of London Polytechnic); LL.B. (Q'ld); B.A., (Q'ld); F.S.A.; A.S.A.L.S.; F.A.H.A.
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Author/Creator:O'Keefe, Patrick J., author.
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Published/Created:Crickadarn, Builth Wells, UK : Institute of Art and Law, 2017.
©2017
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K3791 .O378 2017
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Cultural property--Protection (International law)
Cultural property--Protection--Law and legislation.
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Subject(s):Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970 November 14)
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Description:xxxvi, 304 pages, 6 unnumbered pages of plates : illustrations (chiefly color) ; 25 cm
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Summary:This book provides a comprehensive analysis not only of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, but of the historical background that led to the adoption of the Convention and of the ways in which it is implemented around the world. It also includes the texts of other significant legal instruments which seek to provide international protection for cultural objects. Theft and illicit traffic in objects of cultural heritage cause major problems for protection and conservation. This is so whether they come from archaeological sites, museum collections, private houses or elsewhere. However, how to deal with these problems is difficult, particularly when the objects have been transported from one country to another. There are practical difficulties, such as identification and who pays for the investigative work, prosecution, and return of the objects. Overlaying all are the legal standards used to determine who the owner is and whether the objects should be returned. When UNESCO adopted the Convention in 1970 it was a truly significant event in the protection of cultural objects. This book studies the developments which led to its creation, and how it has been interpreted and implemented. The birth of the Convention led to a range of other instruments and techniques to protect cultural objects. Some have been successful, some not so. These later instruments are studied here with suggestions for improvement. The final chapter looks to the issue of return; the mechanics of which received little attention in 1970.
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Notes:Includes bibliographical references (pages 289-299) and index.
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ISBN:9781903987391 (hardcover)
1903987393 (hardcover)
9781903987384 (paperback)
1903987385 (paperback)
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Contents:Machine generated contents note: ch. I Protection
Past, Present and Future
pt. 1 Establishing Principles for Protection
Emergence of the Principle Against Looting in Times of Conflict
1907
1939: Re-assertion of Principles for International Legal Control
First Concern: Protection in Conflict
Second Concern: Return, Restitution and Reparations
Third Concern: Displacement of Antiquities
Office international des musees (OIM)
1933 Draft Convention
1936 Draft Convention
1939 Draft Convention
Second World War Years
Declaration of London 1943
After the Second World War
pt. 2 UNESCO Takes Over
Enter Mexico
UNESCO Takes Action
First Draft
Second Draft
Making of Conventions Not Easy
Changes in Terminology
`Cultural Property'
`Cultural Heritage'; `Natural Heritage'
Use of `Cultural Heritage' in the 1970 Convention
Title of the 1970 Convention
Political Context
Special Negotiating Committee 13-24 April 1970
Adoption of the Convention
pt. 3 Revision
pt. 4 Iconic Status of 1970
Legal Effect
Moral or Ethical Effect
pt. 5 Management
Intergovernmental Committee for Promoting the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation
Requests for Return
Other Activities of the Committee
Model Provisions on State Ownership
Code of Ethics for Dealers
Meeting of States Parties/Subsidiary Committee
Operational Guidelines
Evaluation Study
ch. II Wider International Framework
pt. 1 Agreements other than the 1970 Convention
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995
Convention on the Protection of the Underwater Cultural Heritage 2001
Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 (Hague Convention 1954) and its First and Second Protocols
Convention for the Safeguarding of the Intangible Cultural Heritage 2003
Convention Concerning the Protection of the World Cultural and Natural Heritage 1972
Trade Agreements
Human Rights Instruments
European Union Directive and Regulation
Palermo Convention
pt. 2 Other International Instruments
Security Council Resolutions
Iraq
Syria
UNESCO Recommendations
UNESCO/UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects
UNESCO Code of Ethics for Dealers
Promotion of the Code
Impact of the Code
Analysis of the Code
Future
Other Voluntary Codes of Behaviour
ch. III Interpreting International Agreements
pt. 1 Principles of Interpretation
Preliminary Documents
Actions by States
Opinions by Commentators
Common Law and Civil Law
pt. 2 Specific Issues
Retroactivity
Reservations and Declarations
Limitation Periods
Public Policy
ch. IV 1970 Convention and Protection
Preamble
Article 1
On Religious or Secular Grounds
Specific Designation
Importance
Paragraph (a)
Collections
Fauna and Flora
Minerals
Anatomy
Objects of Palaeontological Interest
Paragraph (b)
Paragraph (c)
Paragraph (d)
Paragraph (e)
Paragraph (f)
Paragraph (g)
Paragraph (h)
Paragraph (i)
Paragraph (j)
Paragraph (k)
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 7(a)
Article 7(b)(i)
Article 7(b)(ii)
Article 8
Article 9
Article 10
Article 10(a)
Article 10(b)
Article 11
Article 12
Article 13
Article 13(a)
Article 13(b)
Article 13(c)
Article 13(d)
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
ch. V National Implementation of the 1970 Convention
pt. 1 Introduction
pt. 2 Australia
Exports
Imports
Administration
Objects from Iraq and Syria
Conclusion
pt. 3 Japan
Exports
Imports
Objects from Iraq and Syria
Conclusion
pt. 4 Switzerland
Exports
Imports
Bilateral Agreements
Temporary Measures
Control of Transactions
Customs Declaration
Free Ports
Objects from Iraq and Syria
Conclusion
pt. 5 United Kingdom
Exports
Imports
Dealing in Cultural Objects (Offences) Act 2003
United Kingdom Law and the Convention
Objects from Iraq and Syria
Conclusion
pt. 6 United States of America
Qualified Acceptance
Exports
Imports
Bilateral Agreements
Customs legislation
United States v. An Antique Platter of Gold
National Stolen Property Act
United States v. Schultz
Recovery in the USA after Schultz
Archaeological Resources Protection Act
Regulation of Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals
Objects from Iraq and Syria
Conclusion
pt. 7 Federal States
ch. VI Return of Cultural Objects
pt. 1 Claims for Return
Expense
Management Issues
Practical Problems
pt. 2 Conditional Returns
pt. 3 Payment of Compensation
pt. 4 Holocaust Returns
pt. 5 Human Remains
pt. 6 Loans
pt. 7 Inadequate Facilities
pt. 8 Return to Whom?
pt. 9 Heads of State, Politicians and Repatriation
pt. 10 Replicas
pt. 11 Universal Museums
pt. 12 Immunity from Seizure and Suit
Conclusion
Appendix I
Text of the Three Drafts Preceding the 1970 Convention
1933 Draft: Draft International Convention for the Repatriation of Objects of Artistic, Historical or Scientific Interest, Which Have Been Lost or Stolen or Unlawfully Alienated or Exported
1936 Draft: Draft International Convention for the Protection of National Historic or Artistic Treasures
1939 Draft: Draft International Convention for the Protection of National Collections of Art and History
Additional Clauses
Appendix II UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995
Appendix III ELF Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State
Appendix IV Australia: Cultural Property Export Control List
Appendix V Table of Ratifications: 1970 Convention (as at 12 November 2016).