Pub Date : 2023-09-27DOI: 10.4467/2450050xsnr.23.002.18114
Alicja Jagielska-Burduk
{"title":"Alicja Jagielska-Burduk talks with Carla Shapreau, a Senior Fellow in the Institute of European Studies, University of California, Berkeley","authors":"Alicja Jagielska-Burduk","doi":"10.4467/2450050xsnr.23.002.18114","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.002.18114","url":null,"abstract":"","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-27DOI: 10.4467/2450050xsnr.23.017.18129
Wacław Kuczma
Santander Art and Culture Law Review » 2023 » 1/2023 (9) » „Kurdystan. Oblicza trwania” – I edycja MiÄdzynarodowego Festiwalu Sztuki Protonarodów w Bydgoszczy A A A
桑坦德艺术与文化法律评论 " 2023 " 1/2023 (9) " "库尔德斯坦。持续的面孔"--第一届比得哥什国际 Protonarod 艺术节 A A A A A A
{"title":"„Kurdystan. Oblicza trwania” – I edycja Międzynarodowego Festiwalu Sztuki Protonarodów w Bydgoszczy","authors":"Wacław Kuczma","doi":"10.4467/2450050xsnr.23.017.18129","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.017.18129","url":null,"abstract":"Santander Art and Culture Law Review » 2023 » 1/2023 (9) » „Kurdystan. Oblicza trwania” – I edycja MiÄdzynarodowego Festiwalu Sztuki Protonarodów w Bydgoszczy A A A","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-27DOI: 10.4467/2450050xsnr.23.005.18117
Wojciech Kowalski
The aim of this article is to formulate de lege ferenda conclusions that result from Poland’s ratification of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. After a brief analysis of the principles of this Convention and comparing them with the relevant provisions of Polish Law, the author proposes five fundamental changes that should be made to this Law for greater effectiveness. These concern, in particular, the regulation of archaeological research, including the procedures intended for foreign entities and the participation of the Minister of Culture and National Heritage. Moreover, the article addresses the exclusion of the application at sea of the provisions on the search for „hidden or abandoned movable monuments” and the search for „shipwrecks and their remains”. Finally, it recommends moving the procedure for „searching shipwrecks” to the statutory level and unambiguously defining the legal status of monuments extracted from the sea, which according to the Convention „cannot be traded”.
{"title":"Konwencja UNESCO o ochronie podwodnego dziedzictwa kulturowego z 2001 roku a prawo polskie. Postulaty de lege ferenda w zakresie regulacji wydobywania zabytków z morza","authors":"Wojciech Kowalski","doi":"10.4467/2450050xsnr.23.005.18117","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.005.18117","url":null,"abstract":"The aim of this article is to formulate de lege ferenda conclusions that result from Poland’s ratification of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. After a brief analysis of the principles of this Convention and comparing them with the relevant provisions of Polish Law, the author proposes five fundamental changes that should be made to this Law for greater effectiveness. These concern, in particular, the regulation of archaeological research, including the procedures intended for foreign entities and the participation of the Minister of Culture and National Heritage. Moreover, the article addresses the exclusion of the application at sea of the provisions on the search for „hidden or abandoned movable monuments” and the search for „shipwrecks and their remains”. Finally, it recommends moving the procedure for „searching shipwrecks” to the statutory level and unambiguously defining the legal status of monuments extracted from the sea, which according to the Convention „cannot be traded”.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-27DOI: 10.4467/2450050xsnr.23.015.18127
Olgierd Jakubowski
There are a variety of methods that may be used in the analysis of crimes against cultural heritage which allow us to determine the level of risk. A comprehensive study covering all instances of crime against cultural goods during the period of one year allows us to note tendencies in criminals’ behaviour and helps develop methods to counteract similar crimes in the future. The article presents the selected cases of crime in 2021 based on statistics prepared by the police, National Revenue Administration and border police. The study is a part of an annual series and aims to illustrate the trends and threats to monuments and cultural assets throughout a given year. The complementary presentation of collective information on the threats posed to cultural heritage is essential to develop a strategy for its protection from a research perspective.
{"title":"Zagrożenie dziedzictwa kulturowego przestępczością – analiza wydarzeń w 2021 roku","authors":"Olgierd Jakubowski","doi":"10.4467/2450050xsnr.23.015.18127","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.015.18127","url":null,"abstract":"There are a variety of methods that may be used in the analysis of crimes against cultural heritage which allow us to determine the level of risk. A comprehensive study covering all instances of crime against cultural goods during the period of one year allows us to note tendencies in criminals’ behaviour and helps develop methods to counteract similar crimes in the future. The article presents the selected cases of crime in 2021 based on statistics prepared by the police, National Revenue Administration and border police. The study is a part of an annual series and aims to illustrate the trends and threats to monuments and cultural assets throughout a given year. The complementary presentation of collective information on the threats posed to cultural heritage is essential to develop a strategy for its protection from a research perspective.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.4467/2450050xsnr.22.027.17040
N. Curtis, Steph C. Scholten
Scotland’s museums include many collections that are the result of Scotland’s involvement in the British Empire. These include items that were fairly and legally collected, but also include items that were acquired as military loot, those that reflect power imbalances in favour of collectors, and ancestral remains that were acquired to demonstrate theories of racial supremacy. This past has left problematic legacies that museums in Scotland are now addressing, including by their involvement in repatriation. This paper reviews the repatriations that have taken place since 1990, noting a focus on the return of ancestral remains and the recent increase in the number of cases. It also considers the legal, political, and cultural backgrounds to the decisions, including how international moves towards decolonization and aimed at addressing racism in museums are interacting with Scotland’s own complex relationship with colonialism as well as the political debate about the identity and future of the nation.
{"title":"Repatriation from Scottish Museums: A Short Report","authors":"N. Curtis, Steph C. Scholten","doi":"10.4467/2450050xsnr.22.027.17040","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.027.17040","url":null,"abstract":"Scotland’s museums include many collections that are the result of Scotland’s involvement in the British Empire. These include items that were fairly and legally collected, but also include items that were acquired as military loot, those that reflect power imbalances in favour of collectors, and ancestral remains that were acquired to demonstrate theories of racial supremacy. This past has left problematic legacies that museums in Scotland are now addressing, including by their involvement in repatriation. This paper reviews the repatriations that have taken place since 1990, noting a focus on the return of ancestral remains and the recent increase in the number of cases. It also considers the legal, political, and cultural backgrounds to the decisions, including how international moves towards decolonization and aimed at addressing racism in museums are interacting with Scotland’s own complex relationship with colonialism as well as the political debate about the identity and future of the nation.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43252474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.4467/2450050xsnr.22.025.17038
Emiline Smith, Rucitarahma Ristiawan, T. Sudarmadi
This article provides a broad overview of Indonesia’s current post-independence legislation and practice with respect to cultural heritage protection and repatriation. We highlight several challenges that hamper the effective implementation and enforcement of this framework, particularly in relation to repatriation processes of foreign-held cultural objects. We furthermore explore how the State-centric discourse that surrounds Indonesia’s cultural heritage protection and repatriation policies impede locally-led activism related to cultural heritage, particularly in relation to value production and sense of ownership. Overall, we highlight the importance of co-creation in knowledge production processes and crime-prevention methods concerning cultural heritage to maximize effectiveness. Agency, access, and ownership were violently removed through the colonial looting of Indonesian cultural heritage, so the first step towards restorative justice should be reinstating this to the communities of origin, or to the Indonesian government when the rightful origin community cannot be identified. This concerns not only the cultural objects themselves, but also their digital and physical lives, i.e. the knowledge and expertise created based on these objects.
{"title":"Protection and Repatriation of Cultural Heritage – Country Report: Indonesia","authors":"Emiline Smith, Rucitarahma Ristiawan, T. Sudarmadi","doi":"10.4467/2450050xsnr.22.025.17038","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.025.17038","url":null,"abstract":"This article provides a broad overview of Indonesia’s current post-independence legislation and practice with respect to cultural heritage protection and repatriation. We highlight several challenges that hamper the effective implementation and enforcement of this framework, particularly in relation to repatriation processes of foreign-held cultural objects. We furthermore explore how the State-centric discourse that surrounds Indonesia’s cultural heritage protection and repatriation policies impede locally-led activism related to cultural heritage, particularly in relation to value production and sense of ownership. Overall, we highlight the importance of co-creation in knowledge production processes and crime-prevention methods concerning cultural heritage to maximize effectiveness. Agency, access, and ownership were violently removed through the colonial looting of Indonesian cultural heritage, so the first step towards restorative justice should be reinstating this to the communities of origin, or to the Indonesian government when the rightful origin community cannot be identified. This concerns not only the cultural objects themselves, but also their digital and physical lives, i.e. the knowledge and expertise created based on these objects.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41453985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.4467/2450050xsnr.22.031.17044
L. Bursey
This article provides an overview of the state of legislation and the efforts toward the repatriation of colonial-looted cultural objects in England. It discusses the National Heritage Act, Charities Act, and general trust rules which make it challenging to deaccession any objects from museums in the United Kingdom, including and especially colonial-looted objects. It highlights how the UK’s former period of colonization resulted in vast holdings from these territories, but that the UK has yet to create a comprehensive policy on repatriation, despite numerous calls for return of several famous heritage objects, including the Maqdala treasures and the Benin Bronzes. This article sketches the powers of the current possessors – namely national, regional, and university museums. Finally, the article considers the many updates in the conversation surrounding colonial repatriation in 2022, from the debate at the House of Lords to potential changes to the National Heritage Act to the new Charities Act to the publication of Arts Council England’s guidelines for museums on restitution and repatriation.
{"title":"Colonial-Looted Cultural Objects in England","authors":"L. Bursey","doi":"10.4467/2450050xsnr.22.031.17044","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.031.17044","url":null,"abstract":"This article provides an overview of the state of legislation and the efforts toward the repatriation of colonial-looted cultural objects in England. It discusses the National Heritage Act, Charities Act, and general trust rules which make it challenging to deaccession any objects from museums in the United Kingdom, including and especially colonial-looted objects. It highlights how the UK’s former period of colonization resulted in vast holdings from these territories, but that the UK has yet to create a comprehensive policy on repatriation, despite numerous calls for return of several famous heritage objects, including the Maqdala treasures and the Benin Bronzes. This article sketches the powers of the current possessors – namely national, regional, and university museums. Finally, the article considers the many updates in the conversation surrounding colonial repatriation in 2022, from the debate at the House of Lords to potential changes to the National Heritage Act to the new Charities Act to the publication of Arts Council England’s guidelines for museums on restitution and repatriation.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43638901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.4467/2450050xsnr.22.028.17041
Naazima Kamardeen, Jos van Beurden
The status of colonial objects in European museums touches upon a matrix of legal and historical issues. This article engages with some of them, while referring to the case of a Sri Lankan object in the possession of the Rijksmuseum Amsterdam (RMA) in the Netherlands: a ceremonial cannon looted by the Dutch from the King of Kandy in 1765. The article offers a historical overview of the European colonial domination of Ceylon, distinguishing between the Portuguese, Dutch, and British periods, and for each period distinguishes the nature and the size of the confiscated heritage. It also analyses Sri Lanka’s legal title to the cannon, and the discrepancy between the international and mostly Euro-centric legal regime and Sri Lanka’s own legal framework. The article moves on to analyses of and reflections about the type of provenance research practiced by the RMA, as well as the broader efforts in the Netherlands for better provenance research. The importance of the cannon for both Sri Lanka and the Netherlands, as well as earlier efforts to retrieve it, are also described and evaluated. In its conclusions, the article proffers suggestions for more balance and equality in the provenance research efforts. The contribution covers legal studies, history, and museum studies and is based on the literature, historical catalogues, and other documents, as well as the practice of UNESCO’s Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries titution in case of Illicit Appropriation (ICPRCP).
{"title":"Law, Provenance Research, and Restitution of Colonial Cultural Property: Reflections on (In)Equality and a Sri Lankan Object in the Netherlands","authors":"Naazima Kamardeen, Jos van Beurden","doi":"10.4467/2450050xsnr.22.028.17041","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.028.17041","url":null,"abstract":"The status of colonial objects in European museums touches upon a matrix of legal and historical issues. This article engages with some of them, while referring to the case of a Sri Lankan object in the possession of the Rijksmuseum Amsterdam (RMA) in the Netherlands: a ceremonial cannon looted by the Dutch from the King of Kandy in 1765. The article offers a historical overview of the European colonial domination of Ceylon, distinguishing between the Portuguese, Dutch, and British periods, and for each period distinguishes the nature and the size of the confiscated heritage. It also analyses Sri Lanka’s legal title to the cannon, and the discrepancy between the international and mostly Euro-centric legal regime and Sri Lanka’s own legal framework. The article moves on to analyses of and reflections about the type of provenance research practiced by the RMA, as well as the broader efforts in the Netherlands for better provenance research. The importance of the cannon for both Sri Lanka and the Netherlands, as well as earlier efforts to retrieve it, are also described and evaluated. In its conclusions, the article proffers suggestions for more balance and equality in the provenance research efforts. The contribution covers legal studies, history, and museum studies and is based on the literature, historical catalogues, and other documents, as well as the practice of UNESCO’s Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries titution in case of Illicit Appropriation (ICPRCP).","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42027645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.4467/2450050xsnr.22.029.17042
Nadia Rostam
This article explores the ownership of cultural objects within national and traditional customary law in Suriname, with the aim to provide a legal context to the issue of claims for the return of some of these cultural objects from the Netherlands. The discussion of the legal regime for exporting cultural objects examines the National Ordinance of 1952 on Provisions for the Preservation of Objects with Historical, Cultural, and Scientific Value; the Movement of Goods Act of 2003; and the Monuments Act of 2002, which protects immovable objects, objects of archaeological excavations, and discoveries. This is followed by a short overview of the legal regime relating to the ownership of cultural property under the Surinamese Civil Code. Next this article outlines the property law of cultural objects under customary laws of Indigenous and Tribal communities in Suriname and how these may be included in the Draft Civil Code and the Draft Legislation on Rules Concerning the Collective Land Rights of Indigenous and Tribal Peoples. The article concludes that neither the existing legal framework nor the draft legislation provide answers on dealing with cultural objects acquired in a colonial context and the possible repatriation of such objects.
{"title":"The Protection, Ownership, and Return of Cultural Property: A Surinamese Law Perspective","authors":"Nadia Rostam","doi":"10.4467/2450050xsnr.22.029.17042","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.029.17042","url":null,"abstract":"This article explores the ownership of cultural objects within national and traditional customary law in Suriname, with the aim to provide a legal context to the issue of claims for the return of some of these cultural objects from the Netherlands. The discussion of the legal regime for exporting cultural objects examines the National Ordinance of 1952 on Provisions for the Preservation of Objects with Historical, Cultural, and Scientific Value; the Movement of Goods Act of 2003; and the Monuments Act of 2002, which protects immovable objects, objects of archaeological excavations, and discoveries. This is followed by a short overview of the legal regime relating to the ownership of cultural property under the Surinamese Civil Code. Next this article outlines the property law of cultural objects under customary laws of Indigenous and Tribal communities in Suriname and how these may be included in the Draft Civil Code and the Draft Legislation on Rules Concerning the Collective Land Rights of Indigenous and Tribal Peoples. The article concludes that neither the existing legal framework nor the draft legislation provide answers on dealing with cultural objects acquired in a colonial context and the possible repatriation of such objects.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47980200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.4467/2450050xsnr.22.010.17023
A. Xanthaki
{"title":"Colonial Loot and Its Restitution – the Role of Human Rights. Alexandra Xanthaki talks to Evelien Campfens, Surabhi Ranganathan, Andrzej Jakubowski, and Alicja Jagielska-Burduk","authors":"A. Xanthaki","doi":"10.4467/2450050xsnr.22.010.17023","DOIUrl":"https://doi.org/10.4467/2450050xsnr.22.010.17023","url":null,"abstract":"","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44762105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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