BOOK REVIEW
CULTURAL HERITAGE LAW
Edited by James A R Nafziger
ISBN: 978 0 85793 745 2
www.e-elgar.com
CONCERNED ABOUT CULTURAL HERITAGE? HERE'S A COLLECTION OF LEADING ARTICLES ON CULTURAL HERITAGE LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Cultural heritage is very much at the heart of cultural identity for communities and individuals alike. In view of the depredations of war and the crimes of cultural vandalism and theft committed in fairly recent history -- and likely to be committed in the future unfortunately -- it's heartening to realize that a substantial body of law exists out there as a response internationally to preserve and protect that which constitutes cultural heritage worldwide.
Under the able editorship of James Nafziger, an acknowledged expert in international law, this book is a collection of learned articles and essays on a wide range of matters relating to cultural heritage, from claims of ownership to crimes of theft, to mediation in disputes and so forth.
Nafziger in his excellent introduction wrestles with the problem of defining cultural heritage, cautioning that it is subject to various interpretations. However he feels that it's fair to say that in the narrower sense as used in this book, 'cultural heritage' is limited to tangible artifacts of cultural significance, including cultural objects, sites, intangible ideas and knowledge related to such objects.
All this could include everything from art and architecture, oral history, rituals, religion, folklore and music to digital records and of course, a great deal more.
Published recently as part of Edward Elgar's 'International Law' series, the book emerges as quite a find for scholars, students and professionals involved in international law, and obviously, those concerned with cultural heritage.
Here conveniently in one handy hardback volume, are 26 articles in all, from such journals as the 'Harvard International Law Journal'... 'The International Journal of Cultural Property'... the 'Stanford Law Review'... and 'Art, Antiquity and Law'.
The articles are grouped under such headings as: public international law, intangible heritage, private international law and dispute resolution. To cite just one example, Patty Gerstenblith's article in the Chicago Journal of International Law has a title which says quite a lot about the concerns and objectives inherent in this subject area: 'Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past.' Interestingly, there is even an article on the property rights of ancient DNA.
As Nafzinger concludes, the intent of this edition is to create a 'mosaic' of commentary and insight into the continually expanding framework of international cultural heritage law. Practitioners of international law in general -- as well as cultural heritage law in particular -- will find this book immensely useful. The publication date is 2012.
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