Art and Cultural Heritage: Law, Policy, and Pratice Edited by Barbara T

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Index

1954 UNESCO Convention for the Protection of exploitation of smokebush and, 9 and customary law considerations, 480 Cultural Property in the Event of Armed in New Zealand. See Maori for industry-indigenous community conflicts, Conflicts. See Hague Convention (1954) Absheron Peninsula (Azerbaijan) 475 1970 UNESCO Convention. See UNESCO cart ruts on, 253 options provided by, 477 Convention (1970) cut marks and water channels in, 252 policy for, 487 1972 International Convention, ratified by evidence of early man on, 253 for repatriation of cultural property, 483–487 Cambodia, 153 “absolute novelty” rule, 9 adverse possession 1972 UNESCO Recommendation concerning the absolute protection versus unlimited trade, 70 acquiring title by, 76 Protection, at National Level, of The abstract thought, underpinning the material time limit for, 91 Cultural and Natural Heritage, 35 world, 22 unsuitability to art objects, 171 1972 World Heritage Convention. See World Abun, crown of, 137 Advisory Council on Historic Preservation Heritage Convention (1972) Abungo, George, 380 (ACHP), 238 2001 UNESCO Convention on the Protection of Abya Yala nations (America), 129 Advisory Council on Underwater Archaeology. the Underwater Cultural Heritage. See academic pedigree for unprovenanced material, See ACUA CPUCH 59 Advisory Panel on Illicit Trade (2000), 319 academics Aero Condor (Peruvian airline), 61 AAM (American Association of Museums) in developing countries, 363 aesthetic values versus historical values, 44 and acquisition of illegally exported multidisciplinary and comparative “affaire du Negre emphaille” (stuffed Negro), antiquities, 406 investigation, 363 137 and acquisition of undocumented objects, 405 Academy of Arts of Honolulu, 155 affirmative defenses, museums waiving, 406 on ethics of acquisition, 55 Academy of San Fernando, 114 Afghanistan Guidelines Concerning the Unlawful access Buddhas of Bamiyan. See Buddhas of Bamiyan Appropriation of Objects during the Nazi under Biodiversity Law of Costa Rica, 444 cultural heritage of, 28 Era, 406, 463 as goal of cultural policy, 17 cultural objects found intact in, 71 support of Steinhardt, 164 industrial interest in, 476 food production, 30 AAMD (American Association of Art Museum access permits for research or biodivesity government of, 29 Directors) prospecting, 443 plundering of archaeological sites in, 57 acquisitions policy guidelines, 55 accession records, public posting of, 62 population loss in, 29 ethical guidelines, 399 accounting companies, verification reports Taliban in, 29, 32 and statute of limitations, 406 conducted by, 275 UN seat, 29 support of Steinhardt, 164 acquiescing, inaction due to, 188 war in, 29 on theft in chain of title, 406 acquisition Africa. See also specific country AAMD (American Association of Museum of antiquities from looted sites, 56 bilateral agreements within, 140–141 Directors) Guidelines guidelines for museums, 398 biodiversity centre in, 391 and acquisition of CPIA-prohibited objects, indigenous peoples involved in, 414 colonial heritage, 388 406 process of, 46 colonialism in, 388 on benefits of acquisition, 404 existing, 398 concept of knowledge in, 363, 364 case study of, 401 during Nazi era, 185 conception of art in, 364 commendable aspects of, 407 of title, 69 as continent of contrast, 391 failings of, 407 acquisitive prescription, 69 cultural heritage management in on familiarity with laws, 402 action literature on, 142–144 on illegal export, 406, 407 expressions by, 329 cultural heritage of for objects innocent until proven guilty, 404 thoughtful, 23 denial of access to, 143 on objects removed post-1970, 406 ACUA (Advisory Council on Underwater looting of, 3, 137, 139 post-acquisition, 407 Archaeology), 283 restitution and return of, 4, 141 research areas recommended by, 404 Ad Hoc Open-Ended Inter-Sessional Working status of, 141 abandoned property, 10, 294, 295 Group on Article 8(j) and Related cultural heritage well-being index for, abandoned shipwreck, 298. See also shipwrecks; Provisions, 356 144 specific ship Adams, Sir Grantley, 437 expeditions into, 3 Abandoned Shipwreck Act of 1987, 298–299 admiralty, translation of, 288 museums in, 386–392 Abandoned Shipwreck Act of 1989, 287 admiralty law community relations with, 388 abandonment, 298–299 credibility of, 293 proactive role of, 389 Abel, Edward, 422 deep water archaeological methodology and, role as custodians, 390–391 Aboriginal artists, copyright legislation and, 333 284 status of, 387–388 aboriginal fish traps, 304 treasure salvage under, 288 twinning with European museums, 391 Aboriginal singers, settlement with Enigma, 481 UNCLOS status of, 287 umbrella body for, 392 Aborigines ADR (alternative dispute resolution), 463 poverty in, 142 Australian, 210 in 1995 UNIDROIT Convention, 487 symbolic meanings of material culture, 387

519

520 Index

Africa (cont.) Amoco Eurasia Petroleum Company, 270 Antiquities Dealers Association (ADA), code of use of UNESCO’s Intergovernmental amoxtli, 394 ethics, 61 Committee, 140 Amrad Pty Ltd, 9 antiquities trade wars and conflict in, 391 Amsterdam Conference on the Protection of and indiscriminate demand, 61 Africa 2009, 392 African Cultural Heritage, 143 market confidence in, 58 AFRICOM, 392 analysis methods, non-destructive, 462 structure of, 54 agave, 217 analytical teaching, promotion of, 389 Anungu, 213 agave landscapes, 218 ancestry, concept of, 21 API (American Petroleum Institute), 265 Agave Tequilana Weber Azul, 217 Ancient Monuments and Archaeological Areas best practices, 264 agency undertaking, definition of, 261 Act of 1979 commitment to environmental stewardship, aggregated damages, 332 section 2, 181 279 Agreement Governing the Activities of States on section 28, 181 EMS requirements, 272 the Moon and Other Celestial Bodies section 35, 181 Environmental and Safety Mission and Guiding (1979), 16 section 42(3), 181 Principles, 266 Agreement on Trade-Related Aspects of Andalusia (Spain), illicit excavation in, 54 environmental monitoring by, 273 Intellectual Property Rights (TRIPS), 13, Andean Common Law, Decision No. 391, 128 Environmental Stewardship Program of, 129, 130, 332 Andean Community, Common System of, 266 agricultural landscapes, 202 129 industry performance reporting, 274 Aguateca, 98 Andean Council of Foreign Ministers, Decision product standards, 266 AIA, amicus curiae briefs, 164, 167 No 460, 131 APPEA (Australian Petroleum Production and air as example of commons, 16 Andes. See also specific country Exploration Association), 264 Alaman, President Lucas, 394 cultural heritage of, 132 Code of Environmental Practice, 276 Albania, 60 genetic resources, 132 EMS requirements, 272 Alcock, Thomas, 167 Maca patents, 481 environmental monitoring by, 273 Aldrich, Judge George, 466 plant genetic resources, 133 environmental policies, 266 Alexander Turnbull Library, 417 ANDREA DORIA, 296, 298 industry performance reporting, 274 alienability of movable cultural property, Andromeda Botanical Gardens, 437 self regulation objective, 265 71 Anegada, returning flamingos to, 438 application in time, 338, 351 Allen, David, 314 Angkor Borei (Cambodia), 60 APSARA Authority, 149–150 Alphonse Kann collection, 173 Angkor Conservation Office and National budget for, 150 ALR (Art Loss Register), 64, 66, 404 Museum of Phnom Penh, inventory of communication with provincial authorities, cost of checking, 182 artifacts at, 153 149 database of missing or stolen artworks, Angkor sites (Cambodia), 148 departments of, 150 112 archaeological risk map of, 151 establishment of, 149 provenance search on Picasso work, 174 archaeology survey unit at, 151 growth of, 149 Alsdorf, James, 174 chaotic areas around, 152 legal status of, 150 Alsdorf, Marilyn, 174, 463 as cultural world heritage, 148–156 partnership with tour organizers, 152 ALSPA (American Land Sovereignty Protection deterioration of sculptures at, 150 staff training, 152 Act) development of, 152 Apulian vases, 53, 54 author of, 237 inventory of objects at, 154 Aquarium of the National Museums of Kenya, failure to enact, 237 looting from, 66 391 introduction of, 236 permanent status classification, 148 Araoz, Gustavo, 237 proponents of, 236 royal protection of, 148 arbitral tribunals supporters of, 236 size of, 150 ad hoc, 473 and World Heritage nominations, 235 storerooms renovation at, 153 appointment of, 484 Alstom Group, 256 tourism at, 151, 152 constitution of, 484 Altamira caves (Spain), 98 Annan, Kofi, 28 German, 190 alternative dispute resolution. See ADR anthropological archaeology versus not representing national forums, 141 Altes Museum (Berlin), 379 object-oriented view, 15 qualifications for, 484 Altmann, Maria, 174 anti-commons, 16 technical persons on, 484 Altmann v. Austria, 174 Antigua, 98 for transborder return cases, 176 aluna, 21, 25 Antigua School, 96 arbitration, 141 Alva, Walter, 60, 424 Antique Platter of Gold case, 164 alternatives to, 485–486 AMAAA. See Ancient Monuments and antique/art dealers under Annex VII of UNCLOS, 469 Archaeological Areas Act of 1979 International Code of Ethics for, 50 available options under existing mechanisms, Amatitan,´ 218 lack of constraint on, 48, 50, 483 468–469 ambiguity licensed in New Zealand, 146 benefits of, 483–484 admission of, 18 reputable, 404 of cultural property disputes caused by multiple guidelines, 278 response to CPIA, 160 proposal for specialized body devoted to, American Association of Art Museum Directors. antiquities. See also artifacts 141 See AAMD acquisition of. See acquisition difficulty of obtaining consent of parties, American Association of Museums. See AAM collection of. See also private collectors 463 American Cemetery Preservation and and connoisseurship, 53, 56 enforceability of, 483 Restoration Project, 226 role in destruction of heritage, 64 interference by national courts in, 486 American Convention on Human Rights, Article as commodity shared between “interests,” 14 international court for art claims, 463 21, 8 as cultural capital, 56 of international cultural property disputes, American Land Sovereignty Protection Act. See excavation of. See excavation 465–474 ALSPA as investment capital opportunity, 56 versus mediation, 463 American Petroleum Institute. See API legitimate, 53, 61 under UNIDROIT Convention, 142 Americas. See also specific country versus monuments, 114 Arc of the Covenant, 5 cultural diversity in, 132 pedigree investigation, 53, 381 archaeological artifacts. See artifacts cultural education in, 387 unprovenanced. See unprovenanced archaeological context, 43, 57 cultural heritage of, 125 antiquities archaeological excavation. See excavation; specific Amnesty International (2001), 29 Antiquities Act of 1906, 261 site

Index 521

archaeological expeditions Arretsˆ du Tribunal Suisse 1 April 1997, 92 associative cultural landscapes, 201, 213, 216 research ethics for, 59 arsenic, 372 Asuncion, tourism and security promotion underwater cultural heritage and, 283 art, 366 meeting in, 135 UNESCO Convention rules for, 322 commodifying cultural heritage and, 16 Attorney General of New Zealand v. Ortiz, 77, 139, archaeological finds, sharing with excavating as cultural property, 398 146–147, 317 parties, 43 definitions of, 14 difficulty of creating a compulsory regime, archaeological integrity at a half-mile down, as examples of free spirit, 1 483 284 merging with existence, 363 law reports of, 146 archaeological property preservation of auction houses not protected by cultural policies, 43 Western origins of, 1 as consignor’s agents, 170 occupation by farmers, 10, 98 protection of, 113 demand for objects from source nations and, Archaeological Resources Protection Act of 1979. versus science, 363 64 See ARPA stolen development of trends by, 64 archaeological sites. See also specific site or reporting of, 66 and law of agency, 64 country theft of, 3 and policing of illicit art traffic, 64 attitudes toward, 52 recovery by IFAR, 110 auditors, vulnerability to capture, 274 conservation for future generations, 52 during Second World War, 6, 187 Augusta Canal Authority, 222 cultural or religious significance of, 52 art dealers. See antique/art dealers Augusta National Heritage Area, 222 excavation of. See excavation Art Dealers’ Association, 167 Auschwitz, 298 looting of, 3 Art Documentation Centre (Lima), 112 Australia protection of, 66, 317 art law Bushcare program in, 213 standards for, 176 complexity of, 68–73, 85 as coastal state, 305 by tour operators, 61 covering several fields of law, 75 Coastcare program, 213 public presentation of, 59 “double complexity” in, 73 Committee of Enquiry into the National theft from, 90 growing complexity of, 68–85 Estate, 210 visitors to, 98 public policy issues in, 159 cultural heritage of, 213 archaeological zones, established by coastal Art Loss Register. See ALR as cultural landscape, 210 states, 286 art market cultural landscapes in, 213–214 archaeology versus hard drugs trade, 142 definition of environment in, 212 anthropological versus object-oriented view, lack of boundaries for, 89 emphasis on universal values in, 211 15, 399 tax system effects in France, 197 federal legislation and courts, 300 ethics of, 44 art museums. See also museums as federation, 206, 210 and illicit acquisition of objects, 74 acquisition policy guidelines, 55 intellectual property regime in, 332 involvement of museums in, 44 donations from collectors to, 399 international law and, 208 political nature of, 52 Art of Nepal exhibition (1964), 55 interpretation of World Heritage Convention professional standards for, 106 Arthur, Owen, 51 by, 206, 208 promotion of, 43 artifacts, 398. See also antiquities legal system of proprietorial view of, 52 acquired through illegal excavations, 2 customary law as foundation of, 8 public aspect of, 59 acquisition of. See acquisition protection of built environment in, 238 response to antiquities market, 58 buyers having to prove not stolen, 90 separate of nature from culture in, 214 response to antiquities trade, 60 commercial value of, 58 shipwrecks in, 300–301, 304, 307 and shipwrecks, 298 versus cultural property, 41 as signatory to UNCLOS, 301 socially-inclusive research strategies, 62 as cultural property, 41 smokebush, 9 archangel images, 98 disappearance of, 48 territorial waters of, 303 Archimedes, 172 excavation of. See excavation unique nature of, 300 architectural forms, 329 preservation and discovery of World Heritage areas in, 206, 210–214 archives, in CARICOM countries, 47 technological advances in, 461 Australia ICOMOS, 211 Arctic Guidelines, cultural resource surveys registration of, 107 Australian Aborigines, 210 recommended by, 269 resulting from intangible endeavours, 366 Australian Carriage of Goods by Sea Act 1924, Arctic Onshore Exploration Guidelines, 269 shortsighted view of, 283 301 Arenal, 218 artistic expression Australian Copyright Act, 333 Argentina protection of, 330 Australian Heritage Commission, 210, 215 ratification of 1970 UNESCO Convention, 134 artistic monuments Australian Petroleum Production and ratification of 1972 UNESCO Convention, 135 provision for Exploration Association. See APPEA ratification of Convention on the Protection of lack of, 115 Austria, commission on return of artworks, the Archaeological Historical and Artistic Arts and Crafts Museum (Tlaxcala, Mexico), 174 Heritage of the American Nations, 135 423 Austrian Gallery, 174 ratification of Hague Convention, 134 art-source nations. See source nations authentic contextual environment, 105 ratification of UNIDROIT Convention, 134 Arul Thiru Viswanatha Swarmy Temple, 92 authenticity, 71 Arhuacos, 21 Arzu,´ Alvaro, 97 of contemporary material Arias, Oscar, 453 Asarios, 21 proving, 417–418 aristolochia, 371 Ashmolean Museum (Oxford), 379 guaranteed by certificate of origin, 218 Arkin, Mr., 468 Asia House, 55 of material already held by institutions of arms-chair, 382 Asian art as newest “trend,” 64 memory Army Corps of Engineers, 6, 7 Ask First: a guide to respecting Indigenous heritage proving, 417 Arnamagnean Collection, 4, 5 places and values (2002), 215 statements of, 59 Arnhold, Heinrich, 186 asking permission to use what we need, 23 author Arnold, Henry, 187 Association for the Restoration of Italian Artistic in copyright law, 10 ARPA (Archaeological Resources Protection Act Patrimony. See ARPAI rights of of 1979), 7 Association of Art Museum Directors. See period of protection of, 130 ARPAI (Association for the Restoration of Italian AAMD Romantic conception of, 10 Artistic Patrimony), 461 Association of the Bar of the City of New York Authority for the Protection of the Site and ARPEL (Regional Association of Oil and Natural Committee on Art Law, 168, 194 Management of the Region of Angkor. Gas Companies), 264, 266 Cultural Property Round Table, 176 See APSARA Authority

522 Index

authors Belshazzar’s feast, 383 Export Credit Agencies providing loans for, moral claims of, 16 Bemis v. The RMS Lusitania, 284 257 rights of beneficiaries implementation contract, 256, 257 under copyright law, 10 of protection, 350 rationale for, 256 Autocephalous Greek-Orthodox Church v. WIPO draft provisions regarding, 338 Birmingham Museum (United Kingdom), 420 Goldberg case, 76, 92, 169, 171–172 benefit-sharing, principle of, 348 birth, keeping apart from the rest of social life, Aveda Indigenous line of skin care products, Bengˆ Mealea temple, 155 23 481 Benin (Nigeria), 137, 143 Black Hills Institute of Geological Research, 10 Awas Tingni v. Nicaragua, 8 Benin bronzes, 139, 382 Black Line (Colombia), 26 axioms of ignorance, honoring, 1 Benin Museum (Nigeria), 139 Blackstone Valley, 223 Axioms of Se,´ 21 Bennigson, Thomas, 174, 175 blank check control, 142, 195 Ayers Rock. See Uluru Bennigson v. Alsdorf, 174–175, 463 BLM (Bureau of Land Management), 261, 262 Ayurveda, 9 Bergos,´ Raimon, 459 Bloch-Bauer, Adele, 174 Azerbaijan, 250 Berlin State Museums, 380, 384–385 blue mezcal, 218 Berne Convention for the Protection of Literary Blue Ridge National Heritage Area, 220, 221 Babbitt, Bruce, 7, 263 and Artistic Works, 332 Boas, Aharon, 138 Babier-Mueller Museum (Switzerland), 140 best practice Bogdanos, Matthew, 57 Babri Mosque, 28 as accepted international practice, 276 Bolivia bad faith, presumption of, 172 ambiguity of, 277 agreement with Brazil, 132 Bahamas National Trust, 436–437 binding nature of agreement with Mexico, 130 Baistrocchi, Massimo, 5 industry statements on, 276 agreement with Paraguay, 136 balance of convenience of mediation, 479 for environmental protection, 266 agreement with Peru, 130 balanced and proportionate protection, 345 interpretation of antiquities trade in, 111 Balkan wars, 28 and level of environmental protection, 278 Archaeological Excavation Regulations, 124 Ballard, Robert, 283 in oil industry, 264, 265, 277 archaeological property in, 124, 130 Bamako (Mali), 3 principle of, 278 archaeology in, 129 BAMF (British Art Market Federation), 182 better past, recreation of, 390 art works smuggled out of Peru to, 111 Bamiyan Valley Beyeler, Ernst, 186, 192–193 artisans in Buddhas of. See Buddhas of Bamiyan Beyeler case, 188 state protection for, 126, 132 Cultural Landscape and Archaeological Beyeler Foundation, 186 tax incentives for, 131 Remains of, 32 Beyeler v. Italy, 192–193 Basic Regulations for Anthropological as exceptional testimony to interchange of BFP (good faith purchase defence), 170 Research, 129 different cultures, 33 bilateral agreements bibliographic wealth in Banaue Rice Terraces Task Force (BRTTF), 203 by African nations, 140–141 preservation of, 124 Bangui Agreement on the Creation of an African between Cambodia and Thailand, 153 Committee on Sacred Architecture and Arts, Intellectual Property Organization under CPUCH, 291 125 (OAPI), 334 on the protection of underwater cultural constitution of Bank Paper, 243 heritage, 310 Article 199, 124 Banochie, Iris, 437 with U.S. by Mali and Peru, 60 reform of, 127 Banteay Chmar, 153, 155 Bin Laden, Osama, 30 constitutional amendment in, 125 Banteay Srei temple, 152 binding law, 275 cultural heritage conservation in, 124 Barbadian gully system, 437 Biobaku, 139 legal norms for, 124 Barbados biodiversity state responsibility for, 125 cultural heritage of conservation of, 438, 441 cultural heritage protection in government protection for, 51 cultural diversity as necessary for, 356 legal norms for, 124 museum attendance in, 422 defining, 441 cultural property illegally exported from, 130 national intellectual property audit, 49 importance of protecting, 201 Decision 391 regulations, 128 pending PCA case, 470 and indigenous societies, 367 Department of Archaeology of Ministry of response to heritage protection challenge, 50 linking of cultural diversity with, 12 Education, 124 tourism in, 420 WIPO objectives related to, 344 Directorate of Anthropology of the Ministry of Barbados Declaration II, 125 Biodiversity Conservation System, 442 Education, 125 Barbados Museum and Historical Society, 49, 50 biodiversity law, public dominion property in, Directorate of Fine Arts and National Barbados National Trust, 437–438 447 Monuments, 125 barbeo (cutting), 217 Biological Collecting Agreement Draft Law for the Promotion and Barbier-Muller Collection (Barcelona, Spain), of ICBG – Peru project, Regularisation of Artisanry, 131 94 biological resources Education Ministry Resolution No. 708 Barcelona Traction case, 34 natural (1975), 125 Bareiss, Konrad, 186 ownership of, 12 efforts to recover cultural objects from, 126 Bascom, William, 138 bionematicide, commercialization of, ethnographic resources in Basel Resolution (1991), 75, 77, 78 biopiracy, allegations of, 347 state protection of, 126 BATAVIA, 300, 303 bioprospecting First National Workshop-Seminar on the Batievsky, Jack, 105–106 complicating, 133 Protection and Rights of Traditional Bator, Paul, 14, 61 INBio agreements, Culture and Folklore (1998), 130 on acquisition of illegally exported objects, for plants with bioactive compounds, 352 folk music, 125 407 voluntary registration for, 444 folklore on Elgin Marbles, 143 biosphere reserves, 236 protection of, 132 objection to blank check control, 142 biotechnology illicit exportation from, 130 Bator principle, 143, 196 development costs of, 346 Law No. 1551 (1994), 127–128 Bauer, Chief Judge, 93 interdependence with biodiversity, 13 Ministerial Resolution No. 082/97, 129 beauty, manifested by works of art, 44 Bird Island, 314 Ministerial Resolution No. 699, 125 Begley, Louis, 185 Birecik Dam and HEPP Project, 255 Ministerial Resolution No. 792, 125 Begram, treasure of, 41 Common Terms Agreement, 257 Ministerial Resolution No. 1642, 125 Belem Declaration, 126 construction contract, 256, 257 museums in Belize, 65, 170 as energy and irrigation resource, 255 coordinating body for, 126

Index 523

protection of traditional culture and folklore beneficiaries of, 383 Butrint (Albania), 60 in, 130 encyclopedic approach of, 379 Byron, Lord, 4, 93 ratification of 1970 UNESCO Convention by, as enlightened institution, 42 134 Ethiopian artifacts in, 137 CABI, 130 ratification of 1972 UNESCO Convention by, extensions on permanent loan by, 143 Cache La Poudre River Corridor, 222 135 founding of, 382 California Mining Board, 263 ratification of Convention on the Protection of head of Ife purchased by, 138 Camarena, Cuahutemoc, 424 the Archaeological Historical and Artistic Iraqi artifacts in, 43 Cambodia Heritage of the American Nations by, loan of Magdala Treasures by, 6 agreement with Thailand, 153, 154 135 as museum of the world, 5, 17 Angkor sites. See Angkor sites (Cambodia) ratification of Hague Convention by, 135 refusal to loan artifact to Nigeria by, 137 archaeological sites in ratification of UNIDROIT Convention by, trustees of, 383 inventory of, 153 131, 134 British Virgin Islands National Parks Trust, artifacts from Request for US Import Restrictions to Protect 438 market for, 65, 153–154 Bolivian Cultural Heritage, 132 Brodie, Neil, 3 artifacts returned to, 66 Secretarial Resolution No 054/97, 129 Brokair v. Seatrain, 146 classification of artifacts in, 153 seizure of artworks from Peruvian embassy in, Brooklyn Museum (New York), 94, 165 cultural heritage of 111 BROTHER JONATHAN, 294, 299 legal framework for, 155 Supreme Decree, 124 Browne, John, 254 Department of Monuments and Archaeology, Supreme Decree No. 400, 124 Brussels Charter, 152 150 Supreme Decree No. 05918, 124 BTC Pipeline, 249 and enforcement of 1970 Convention, 153 Supreme Decree No. 07234, 125 assessing significance of finds in, 251 looting in Supreme Decree No. 21951, 126 cultural heritage mentors, 251 prevention of, 152–153 Supreme Decree No. 22546, 126 cultural heritage monitors, 251 preservation tourism in, 151 tourism in, 420 Environmental and Social Impact Assessments ratification of UNESCO Convention by, traditional culture in, 132 (ESIAs) for, 250 155 Bolivian Confederation of Indigenous Peoples. environmental impact of, 250 Royal Government of, 148, 150 See CIDOB planning and construction of, 251–254 smaller temples in bona fide possessors, 321 route of, 250, 251 attention turning to, 155 bona fide property acquisition, 188 Bubba, Cristina, 126 Cambridge library, Ethiopian books in, 137 bona fide purchaser (BFP) Buchsbaumgarten (Emil Nolde), 186 Campbell, Ben Nighthorse, 7 civil law addressing, 483 Budapest national museum, 379 Camunas,˜ Ignacio, 459 rights of Buddhas of Bamiyan, 31 Canada in Peru, 103 as Afghani heritage, 28 export restrictions, 89 of stolen goods, 90 destruction of, 1, 2, 28, 31, 71 museum attendance in, 421 Bondi, Mrs, 168 as breach of international law, 37 protection of built environment in, 238 Bonet, 421 context of, 31 UNESCO Convention implemented by, 4 Bonn Guidelines, 336 effect on international community, 29, 36, Canadian Cultural Property Export and Import Bonnischen, Robson, 7 37 Act, 4 Bonnischen v. United States, 7, 8 planning and documentation of, 28 Canadian Cultural Property Export Control List, Book of Flatey (Flateyjarbok), 5 as violation of international law, 38 89 Booth, Forrest, 306 as international cultural heritage, 30 Canadian Cultural Property Export Review Booth v. Bosworth, 208 as monumental works, 33 Board, 91 Bosnia-Herzegovina, 36. See also Balkan wars “Building a Global Indigenous Library,” 416 Cane River (Louisiana), 224 Botswana, 137 Build-Operate-Transfer (BOT) basis, 255, as case study, 224–226 Bouchenaki, Mounir, 13 256 culture of Bouillet, Laurent, 468 built environment preservation of, 225 BP Amoco PLC, 277 protection of Cane River Creole National Historical Park BP pipeline, construction of, 249 legal resources for, 238 creation of, 224 BPXA (BP Exploration (Alaska) Inc), 277 Bulun, Bulun, 8 legislation for, 225 Brahma, 66 Bulun Bulun & Milpurrurru v.R&TTextiles Pty studies in, 226 Branson, Justice, 208 Ltd (1998), 332 Cane River National Heritage Area Brazil Bulun Bulun case, 353 creation of, 224, 225 agreement with Bolivia, 132 Bulun Bulun, John, 332 funding of, 226 ratification of 1970 UNESCO Convention by, Bulun Bulun v Flash Screenprinters, 332 grants program, 226 134 Bumper Development Corp Ltd v. Commissioner of legislation for, 225 ratification of 1972 UNESCO Convention by, the Police of the Metropolis, 92, 318 management of, 222 135 Bundesgerichthof (BGH), 82 capacity building, WIPO objectives related to, ratification of Hague Convention by, 134 bundle of rights in intellectual property, 10 344 ratification of UNIDROIT Convention by, burden of proof in forfeiture action, 163 Cape Town museum (South Africa), 390 134 Bureau of Land Management. See BLM capital crimes, statute of limitations applied to, breach of confidence, 332, 335 bureaucracy and cultural heritage preservation, 188 Brennan, Justice, 207 461 Cardenas,´ General Lazaro,´ 395 Brent, Michel, 139 Buritaca 200, 431 Carducci, Guido, 12, 68 bridge-head, linking “spirit” dimension with the Burnham, Bonnie, 110, 111 cargo insurance, 295, 301 material world, 22 Burra Charter, 211, 215 Caribbean. See specific country Bridgetown Synagogue, 437 Burrell Collection (Glasgow), 183 consensus on sustainability in, 51 British Academy, 59 Bush, George, 236, 284 conservation programmes in, 50 British Art Market Federation. See BAMF Bush Administration, environmental and cultural heritage of British East India Company, 314 land-use regulation, 237 underwater exploration as threat to, 48 British Library, 6 Bushcare program (Australia), 213 vulnerability of, 48 British Museum, 382 business agreements, transactions as, 71 cultural legislation in, 49 acquisition ethics of, 45, 380 business entrepreneurs, social responsibility of, cultural patrimony in African branches of, 143 455 lack of, 47

524 Index

Caribbean (cont.) certification marks, protecting traditional innocence of owner not valid defense for, 163 cultural property possession in, 49 knowledge and expressions of folklore, and title disputes over property acquired lack of constraint on dealers in, 48 333 during World War II, 168 museums in Chac-Mols, 14 in United States, 163 role in policy development process, “chain of title” for property, 10 civil law, 76, 82, 466 49–51 chance finds basing ownership on patrimony laws, 401 neglect of cultural heritage in, 47 inevitability of, 251 and good faith rule, 90 reciprocal arrangements within, 50 management of, 249, 251 and recovery of personal property, 169 regional initiatives in, 49 risk of, 261 for recovery of stolen art, 169 repatriation of collections in, 48 chaos and disorder, fertility opening door to, 23 civil replevin or conversion actions, 168 Caribbean Regional Museum Development Chaos Island. See Bird Island civilizations, 429 Project, 49 Chardin, Still Life, 183 civilized nations, usages of, 1 CARICOM countries, 47. See also specific country Charter for the Conservation of Places of Clackamas, sacred object of, 415 antiquities market in, 50 Cultural Significance, 211 clan members as beneficiaries of artwork, 8 Caribbean Regional Museum Development Charter of Krakow, 461 Clark, Sir Kenneth, 138 Project, 49 Charter of Principles for Museums and Cultural Claude Cassirer et al v. Stephen Hahn, 175 cultural heritage Tourism, 424 clay tablets on market since 1991 Gulf War, 59 vulnerability of, 48 Charter on Museums and Cultural Tourism, 421, clemency as indispensable legal institution, 190 cultural heritage conservation in, 47 424 Clerke, Charles, 147 export controls in, 48 chattel, 10, 146 Cleveland Poussin case, 89 patterns of destruction and power in, 47 Chattel House Museum, 437 Clive, Robert, 313, 314 as signatories of World Heritage Convention, Checacupe, Church of the Immaculada, 110, 111 COABIO, 440 48 Cherokee Plantation coal mining, 262 Carmichael, Trevor, 15, 17 Chiclayo, 60, 61 Coalition for Environmentally Responsible Cartagena, shipwreck near, 120 Chile Economies (CERES), 274 Cartagena Declaration and Plan of Action 1970 UNESCO Convention and, 134 coastal States (2002), 132 ratification of 1972 UNESCO Convention by, as coordinators, 311 Casona de Santa Rosa case, 452 135 CPUCH consultations, 290 Caspian Sea, oil fields in, 249 ratification of Convention on the Protection of fear of creeping jurisdiction by, 287 Cassirer, Claude, 175 the Archaeological Historical and Artistic rights of, 291 Cassirer, Paul, 175 Heritage of the American Nations by, 135 rights on continental shelf, 287 catalog publication UNIDROIT Convention and, 134 UNCLOS rights, 286 documenting objects in, 405 China Coastcare program (Australia), 213 catalogue 1970 UNESCO Convention and, Code of Ethics for Museums (2004), 380 photographic database as Angkor site and, 150 community collaboration with, 381 and theft, 113 antiquities market in definition of museum in, 425 Catholic Church archaeological sites in, 65 partnerships where cultural heritage has been cooperation with INC in Peru, 111 Bronze Age history in lost, 381 as owner of artistic objects, 121 Buddhism in policy for collecting, 380 policy on art inventory and protection, 108, classification of artifacts in valid title for acquisitions, 380 113 Cultural Heritage Department, 65 code of patrimony (le Code du patrimonine), 197 in South America, 109 cultural heritage of Code of Practice for the Control of International Catholic Counter-Reformation, in Colombia, international significance of Trading in Works of Art (1984), 64 122 protection of, 65 codes of ethics. See also specific institution Catholic model of authority, 382 export controls, 192 listing of Catholic vocabulary, baggage carried by, 24 fossils in, 10 Codex Regius of the Poetic Edda (Elder Edda), 5 caveat emptor principle, 71 illegal excavations in Qixing, 64 coexistence, fundamental principles of, 27 Cayman Islands National Trust, 438 Miho Museum returning a stone Buddha, Coggins, Clemency, 14, 43 CBD (Convention on Biological Diversity), 12, 55 Coin-Coin, Marie-Ther´ eze,` 225 127, 336, 348, 438 U.S. market for antiquities from Colca Valley (Peru), 112 on application of traditional knowledge, Chinese jars as national interests of art, 192 collections. See also specific collection 343 choice-of-law clause, 72, 76 categorization of, 402–407 Article 8(j), 340, 343, 356 for arbitration, 485 costs of maintaining, 403 implementation at national level, 440 and claim of replevin, 169 of cultural objects of unknown provenance, 64 CBM (Central American Biological Corridor), Christians, avoidance of sexual relations, 23 loan of large, 189 CCPIA (Convention on Cultural Property Christie’s, 64 transparency in, 407 Implementation Act), 41–42, 55, 60, director of restitution, 72, 85 collective memory, cultural assets representing, 121–123, 141, 159 holding money for disputed painting, 189 461 Cegelec, 256 in Schultz case, 167 collectors CEN, setting product standards, 266 withdrawal of Indonesian paintings by, 64 catalogue orders placed by, 98 Centaur, 300 churches. See specific religion dependence on free market, 399 CENTRAL AMERICA, 293, 294, 298, 301 as owners of lost works, 113 disconnection from antiquities trade, 53 Central American Biological Corridor. See CBM Cicero, 190 lack of constraint on, 48, 50, 483 Central Front Awards, 466, 467 CIDA, Mission Administered Funds of, 437 role in cultural heritage preservation, 64 Central Registry (London), 402 CIDOB (Bolivian Confederation of Indigenous Colley, Linda, 382 Centre for Archaeological Studies of Georgia, Peoples), 127, 130 Collins, Tim, 2 251 CIDOC Guidelines, 66 Colombia Centre for Scientific and Industrial Research, 9 Cinque Terre (Italy), 202 agreements with Guatemala, 96 Centre for the Conservation of Cultural Property CISG. See Vienna Convention (1980) ancient cultures in, 121 of Asuncion,´ 136 CITES (Convention on International Trade in applying Decision 391 directly, 128 CERES. See Coalition for Environmentally Endangered Species) (1973), 142 archaeological expedition regulations, 120 Responsible Economies citizens, preservation programs involving, 462 archaeological findings in, 121 Cerkez, Mario, 36 Civil Asset Forfeiture Reform Act of 2000, 163 archaeological research in, 122 certificate of authenticity, 59, 218 civil forfeitures, 165 and Black Line, 27

Index 525

churches in elements of, 16 conflict of law, 72, 75, 169 theft from, 122 as global commons, 16 Anglo-American versus European, 84 colonial heritage, 122, 123 link between cultural heritage and, 16 ICSID arbitration procedures for, 486 Council of National Monuments, 120 as used in Hague Convention, 17 and nemo dat principle, 483 functions of, 120 common interests, principles of international law specific to works of art and cultural property, registration of cultural property, 120 emphasizing, 1 70 temporary export approvals, 121 common law varying from jurisdiction to jurisdiction, 72 cultural heritage of, 121–122 civil actions of replevin, 168–173 Congress of Vienna (1815), 380 protection of, 123 jurisdictions, 75, 82, 90 connoisseurship, 53, 56, 398 public view of, 122 nemo dat rule in, 68 Conocurvone, 9 cultural heritage protection in, 119–123 property ownership under, 10 conscious avoidance, 400 cultural law in, 121 recovery of personal property under, 169 Conseil, Dominique, 481 cultural property exportation from, 121 United States, 168 conservation cultural property protection in, 121 common property education in, 461 customs authorities in, 120 international concept of, 16 indigenous peoples involved in, 414 historical city sections protected in, 120 in international law, 16 of looted materials, 59 indigenous populations in Common System on Access to Genetic of returned objects, 6 archaeological heritage of, 121 Resources, 128–129 Conservation International, 266 Law No 63 (1986), 120 commons or public good, 16 Conservation of Angkor as victim of commando Law No 163 (1959), 120 overrunning of, 16 operation, 155 Law No 397 (1997), 121 in traditional property law, 16 conservation services legal acts safeguarding cultural patrimony in, Commonwealth Historic Shipwrecks Act. See as advocates for cultural preservation, 436 119–123 HSA for wide range of objects, 50 mining projects in Commonwealth Navigation Act 1912, 301 conservation theory, evolution of, 105 archaeological finds during, 120 Commonwealth Scheme on the Protection of the consignor pillaging in, 123 Material Cultural Heritage, 321–322 agent’s fiduciary duty to, 170 professional development in, 123 communal context, knowledge created in, 341 auction house acting as agent of, 170 Resolution No 50 (1990) communal ownership consistency with existing legal systems Tiahuanacu and the Lake Titicaca Islands by artists and their communities, 8 principle of, 348 excavation regime for, 124 claiming, 8 for traditional biodiversity knowledge, U.S. import restrictions, 121 rights to, 8 351 Colombian Institute of Anthropology and Communist sphere of control, and restitution Constitucion Politica 1993 (Peru), 107 History (ICANH), 120, 121, 122, 430 claims, 190 context “Manual of Preventive Archaeology,” 123 communities as central archaeological concept, 52 ongoing conservation of research and controlling access to cultural expressions, destroyed by tomb robbing, 53 exhibition collections, 122 337 reconstruction of, 52 permits for archaeological research, 123 impact of construction and infrastructure recovering and recording, 52 Colombian Ministry of Education and Culture, projects on, 249 contextual analysis, methods of, 52 121, 135 interaction with nature, 429 contiguous zone, 286 colonial art involvement in national heritage area specified by UNCLOS, 286 archive of, 112 designation, 225 waters of, 305 Latin American, 113 museums in service to, 388–390 continental shelf recovery of, 110 community intellectual rights mechanism of cooperation, 311 colonialism nature and scope of objects found on, 287 African, 388 determination of, 445 rights of coastal state on, 287 coinciding with new academic disciplines, community spaces, museums as, 390 contract clauses 137 companies. See also specific company drafting on commercial inputs, 71 continuing legacy of, 15 bioprospecting by on risk allocation between seller and buyer, and historical imbalance of power, 5 limitation of, 347 71 recovery of cultural heritage lost during, 4 sustainability performance of, 275 contractual issues versus ownership issues, colonos or settlers, influx of, 433 comparative impairment of interested 75 Comite´ Central de Defensa del Patrimonio jurisdictions, 175 contrary to law, merchandise imported, 163, Artistico Religiosos del Cuzco (1982), compensation and conflict between common 164 110 and civil law, 90 Convention 2001 commercial exploitation, defining, 307 competent authorities of States Parties under assumptions of, 293 commercial free-riding, 345 CPUCH, 290 and property rights, 293 commercial necessity, growth of, 53 comprehensiveness, principle of, 348 violating Article 303 of UNCLOS, 293 commercial salvage as breach of UCH, 305 CONAGEBIO, 443, 445, 446 Convention Concerning Indigenous and Tribal commercial tourism versus cultural tourism, concentration on things that matter, 24 Peoples in Independent Countries, 126 151 concepts of Se,´ 21 Convention Concerning the Protection of the Commission for Museums and Monuments Conciliation Commission, 486 World Cultural and Natural Heritage. See (Nigeria), 143 Confederacion de Nationalidades Amazonicas World Heritage Convention Commission of National Treasure (France), del Peru (CONAP), Convention for the Protection of Cultural 197 Confederated Tribes of the Grand Ronde, Property in the Event of Armed Conflict. Commission of the Andean Community, 415 See Hague Convention 128–129 Confederated Tribes of the Umatilla, 7 Convention for the Safeguarding of the Commission v. Italy, 192 Confederation of Spanish Federations, 459 Intangible Cultural Heritage, 13, Committee on Ocean Policy, 284 Conference of the Parties (COP) to CBD, 336 203 common goods confession, meaning changed by translation, Convention of San Salvador, 106, 107, 125 diminishing 24 Convention on Biological Diversity. See CBD patenting, 341 confidentiality Convention on Cultural Property common heritage of humankind of arbitration, 483 Implementation Act. See CCPIA components of, 14 in Environmental Rules, 471 Convention on International Trade in concept of, 16 of mediation, 477, 479, 484 Endangered Species. See CITES

526 Index

Convention on the Means of Prohibiting and CPIA (Convention on Cultural Property Cuba Preventing the Illicit Import Export and Implementation Act) Association of Museums and Specialist Transfer of Ownership of Cultural 1970 UNESCO Convention and, 160 Institutions, 241 Property (1970). See 1970 UNESCO acquisition policies of museums and, 398 classrooms in the museum program, 241 Convention “blank check” principle and, 160 cultural education in, 241 Convention on the Protection of the charts of current and expired import cultural heritage of, 240 Archaeological, Historical, and Artistic restrictions under, 176 fortresses in, 239 Heritage of the American Nations, 106, cultural property defined in, 160 museum attendance in, 422 125, 135 enactment of tourists increasing, 420 Convention on the Protection of the Underwater delay in, 160 Cudahy, Richard, 93 Cultural Heritage. See CPUCH illegal cultural property and, 403 cultural activities, museums as spaces for, 390, Convention on the Settlement of Investment import restrictions and, 161 421 Disputes between States and Nationals interpretation of, 400 cultural affiliation, substantiating, 8 and other States, 486 objects stolen after 1983 and imported into the cultural artifacts. See artifacts; specific artifact conventions, 12. See also international U.S. and, 406 cultural capital, 56 conventions as partial enactment of UNESCO Convention, cultural designs, 354 Cook, James, 147 160 cultural destruction, 12, 48 Coope Sol i Dar R. L., 440 State Party requests and, 162 causes of, 243 cooperation, principle of, 285, 309 violations of, 162 customary law banning, 34 coordinating State CPTA (Cultural Property Transfer Act), 91 deliberate, 28, 31, 38 under CPUCH, 290, 291 CPUCH (UNESCO Convention on the dutytoprevent,39 under UCH, 311 Protection of the Underwater Cultural prohibition of, 35, 36 and underwater cultural heritage, 290 Heritage), 13, 48, 285–292. See also UCH scale of, 22 coordinators, coastal States as, 311 Convention violating an international obligation having Copenhagen Declaration (1996), 129 annex to, 289 erga omnes character, 37 copyright Arts. 9 and 10, 290 cultural distance, concept of, 365 collective rights of clan members to, 8 bilateral agreements within, 291 cultural diversity protecting products of creativity, 329 and coastal state term, 290 acknowledgement of, 365 copyright law and commercial exploitation, 289 challenges of, 335 and authors, 10, 16 consultations in, 290 linking with biodiversity, 12 in CARICOM countries, 48 as defensive tool, 291 maintenance of, 356 extension to cultural heritage protection, 48 definition of cultural property in, 13 obligation to respect, 38 versus free exchange of ideas, 10 disputes referred to Part XV of UNCLOS, in product designs and production methods, protecting adaptations and interpretations of 469 365 pre-existing materials, 332 importation of illicitly recovered underwater promoting, 130 for unpublished works, 332 cultural heritage, 323 universal declaration on, 15 Corinth, Lovis, 186 and law of salvage and finds, 289 cultural foundations, needed to ensure return of Cornell Institute for Digital Collections, 112 ratifiers of, 285 cultural property, 143 corners, each with its own guardian, 26 regional cooperation strengthened under, cultural gap between developed and developing Coroma textiles, recovery of, 126 291 worlds, 366 corpse. See human remains secret activities banned in, 290 cultural genocide, of indigenous peoples, 128 cosmic intelligence, likeness with humankind, as step forward in development of cultural harm, 332 23 international law, 291 cultural heritage. See also cultural property cosmos three-step procedure, 290 accessibility of, 396 living essence of, 21 UK declining to ratify, 184 active management of, 461 Costa Rica urgent measures in, 290 benefits of architectural heritage of craft-based knowledge systems, sustainability of, right to, 461 preservation of, 452 365 debate on biodiversity law, 440–445, 447 Crawford, James, 469 theoretical and philosophical and access to genetic and biochemical creation underpinnings of, 18 resources, 443 moment of destruction of. See cultural destruction buildings of historical value in describing, 25 as general interest of international community, preservation of, 452 creativity 32 cultural heritage preservation in in developing countries motivated by need to liability for the management of, 151 by banana producers, 453 survive, 368 post-colonial perspective on, 47 legal framework for, 452–454 economic exploitation of presenting by people in their own territory, 379 Cultural Heritage Research and Conservation controlling, 342 protection of. See cultural heritage Centre, 452–453 encouragement of, 342 preservation history of, 452 in society without intellectual property, 368 separation of legislation on implying major Costa Rican Tourism Board, 453 traditional, 328 legislative modifications, 116 cotton in Cane River region, 225 creeping jurisdiction (horror jurisdictionis), 287, underwater. See underwater cultural heritage Council Directive 93/7 of 15 March 1993, 79 289, 292 universal value of, 37 Council of the Americas (Consejo do Indias), Creole culture, 224 Cultural Heritage Department of the Office of 394 Creole languages, African, 129 the Historian, 241 countries. See also specific country “crime against culture,” 29 cultural heritage policy with archaeological and ethnological heritage, crimes against humanity, 36 as component of development strategy, 130 94 criminalization, adverse consequences of, 61 responsible and coherent, 7 triangular traffic between, 136 critical mass database, benefits of, 112 contextual framework for, 11 country of origin, 11, 77 Croatia, 170 development of, 3 Court of Arbitration for Cultural Property, Crook, John, 466 and return of sacred or ritual objects, 5 evolution of, 141 cross-cultural partnerships, 417 cultural heritage preservation, 77, 330, 396 Court of Arbitration for Sport (CAS), 141 cross-functional cooperation, between scientists chronology of, 15 covetous neglect, 14 and historians, 462 international agreements on, 42 CPESC, 130 CSIR, Director-General of, 366 international law on, 75

Index 527

legal framework for, 436 moving across national borders, 90 as different from mass tourism, 420 legislation for, 47 not treated as ordinary personal property, in Guatemala, 97 cultural heritage professionals, legal cooperation 176 policy of, 151 of, 136 ownership and control of, 48 strongly developed in Europe, 421 cultural identity policy, 14 sustainability of, 423 cultural property as means of expressing, 380 policy questions regarding, 176 culturally moveable objects, legal trade in, 74 not always defined by national boundaries, 380 principles protecting being applied as culture cultural impacts, 268 customary international law, 468 capacity to create, 455 cultural importance of old objects, 41 private owners of in Colombia, 120 defining, 436 cultural information, digitizing, 417 protecting by classifying each individual fusion of, 17 cultural internationalism, 14, 15, 75, 89 object, 153 as indigenous, 15, 429 charter of, 143 protecting locations containing, 66 intangible expressions of, 47 cultural knowledge, 353 protection governed by international linking with nature, 201–202 cultural landscapes, 213 agreements rules, 12 preservation of, 15 categories of, 213, 216 protection of right to, 38 international workshop on, 204 standardisation of, 66 resulting from community-environment linking nature and culture, 201–202 protective measures for in Portuguese law, 69 interaction, 15, 429 protection mechanisms for, 204 recovery of self-consciousness of, 353 vulnerability to change, 203 pre UNIDROIT Convention options for, universality of cultural life 139–141 historical reality of, 380 promoting, 130 regime of, 70 cuneiform tablets, authenticating and translating right to participate in, 413 repatriation of of, 61 cultural moveability versus cultural ADR regime for, 483–487 Cuno, James, 14, 15 immovability, 16 resolution of disputes over Curacao, 420, 422 cultural nationalism, 14, 75 respect for even in case of non-international Cusco, 106 assumptions and terms of, 14 armed conflicts, 34 custodian of collective memory, museum as, as response to depletion of cultural resources, restitution of 389 15 requests for, 4 customary context, recognition of, 349 Schultz case as victory for, 401 restitution of stolen, 12 customary law. See also international customary cultural objection, right to, 443–444 retrievalofstolenorlooted,50 law cultural objects stripping of its meaning and significance, 3 act of destruction to institutions dedicated to as defined in Dealing in Cultural Objects temporary export from Colombia, 121 religion criminalised under, 36 (Offences) Act, 181 terms translated into, 14 creation of, 276 definition of, 11 theft of, 48 defining property rights, 9 digitizing, 416–417 trafficking in, 3 destruction of cultural heritage and, 37 on federal land, 6 prevention of, 154 forbidding wanton destruction of cultural property rights in, 7 value of, 42 heritage, 37 recording and documenting, 330 ways of thinking about, 14 formation of, 35 stolen World Bank policy on managing, 248 invoking before national courts, 34 data bases of, 182 Cultural Property Advisory Committee, 41, obligation existing under, 38 versus illegally exported, 74 161 customs tainted. See tainted cultural objects cultural property disputes right to retain, 126 Cultural Objects: Developments since 2000, arbitration of international, 465–474 as sources of international law, 1 182 PCA Seminar on, 465 Customs Directive 5230–15, 164–165 cultural ownership, 353 proposed establishment of an IBA working Cuzco, Archbishop of, 110, 111, 112 cultural patrimony group on, 473–474 Cycladic figurines, Greek early bronze age, 54 cultural heritage objects as, 107 Cultural Property Export and Import Act in Cyprus versus cultural property, 41 Canada, 91 bringing a replevin action seeking the right of defining, 7 Cultural Property Implementation Act (CPIA), possession to four Byzantine mosaics, foreign laws on 132 171 enforcement of, 167 cultural property legislation churches as juridicial entities in, 93 legal clarity required for, 167 in Mexico, 114–118 Greek-Orthodox Church of, 171 pillaging and, 160, 320 ownership claims, 169 Kanakaria Church in, 76 private and public goods belonging to, 107 in Peru, 101 mosaics from, 93 cultural property, 73. See also cultural heritage; Cultural Property: Return and Illicit Trade Cyrus Cylinder, 383 immovable objects; worksofart Report, 179 agreement, 41 Cultural Property Round Table, 176 Daes, Erica Irene, 352 versus archaeological artifacts, 41 Cultural Property Survey Form, 244 damages, quantification of, 468 categories of, 79 Cultural Property Transfer Act. See CPTA dangers of buying unprovenanced pieces, 54 and concept of cultural heritage, 14 cultural protocols, 417 Danish Restaurant, 359 versus cultural patrimony, 41 Cultural Relics Protection Law (CRPL), 10 database debate on, 16 cultural resources built from photographic inventories in Peru, defining, 11, 41, 65, 159 of indigenous peoples, 267 110 lack of consensus on, 14 management of submerged, 13 of Cambodian artifacts liable to be stolen, defining of cultural rights 153 lack of consensus on, 11 development of critical mass destruction, 452 lack of, 413 benefits of, 112 grading, 10 in property, 11 national UK international legal landscape for, 11–13, 42, vagueness of, 413 recommendation for, 182–183 75 cultural sector, contributing to economic growth, Database of Official Insignia of Native American international trade in, 68, 89 245 Tribes, 333 internationalist policy on, 42 cultural tourism database rights, 342 interpretations in different languages, 14 in Cambodia, 151 date of discovery, difficulty proving, 100 legal protection of, 135 as defined in Brussels Charter, 151 David Tunkl Fine Art Gallery, 174

528 Index

Davis, Governor, 263 DeWeerth case, objection of forfeiture, 188 cultural importance to South Africa, 321 DDRIP (Draft Declaration on the Rights of DeWerth, Guggenheim modified holding of, 176 ownership of, 317–318 Indigenous Peoples), 15, 357, 418 DeWerth v. Ballinger, 172 removal of, 318 De Varine, Hughes, 422 Di Leva, Charles, 15 repatriation of, 316–318 dealers. See antique/art dealers Diana, Maurizio, 461 South Africa’s legal claim to, 318 Dealing in Tainted Cultural Objects Guidance Diderot’s Encyclopaedia, 383 Doha Declaration, 13 Report, 182 Dietary Supplement Health and Education Act domain name disputes, ICANN Policy for, Deane, Justice, 206 (1994), 370 486–487 death, as axiomatic to existence of the material Digital Collectives collaboration report, 417 domaine public payant system, 334 world, 23 Digital Collectives in Indigenous Cultures and domestic characterizations, legal effects of, 75 Decision 391, 132 Communities, 416 domestic law, substantive rules expressed in, 70 Declaration Concerning the Intentional digital library infrastructure, components of, 416 Don Alonso v. Cornero, 146 Destruction of the Cultural Heritage, 2, digital library models, 416 donations 37, 71 digitizing of cultural materials, 416–417 purchasers and beneficiaries of in Peru, 103 declaration of ownership, clarity of, 166 diligence, reasonable exercise of, 175 doors Declaration of the Principles of International diplomatic means, for retrieval of works of art, Maori Cultural Cooperation (1966), 125 146 carved set of, 146 Declaration on the Importance and Value of Directive 2001/83/EC, herbal medicinal products between material and non-material worlds, Universal Museums, 381–382, 408 authorised under, 373 23 decontextualization versus destruction, 14 Directory of African museum professionals, 392 Doris Wiender Gallery, 66 Deep Sea Research, Inc.v.BROTHER discovery, system of, 485 Douglas, Duane, 162, 163 JONATHAN, 294 discovery rule, 171–172, 175 Douglas Camp, Sokari, 382 defendant’s retention on property, common law in O’Keefe v. Snyder, 171 Draft Code of Crimes Against the Peace and emphasis on, 169 preventing statute from applying, 172 Security of Mankind (1996), 36 defensive protection, 330 shifting inquiry to conduct of true owner, 171 Draft Declaration on the Rights of Indigenous against IP as more important, 330 discriminatory destruction as a crime against Peoples. See DDRIP need for, 476 humanity, 39 Drewal, Henry John, 139 defensive tool, CPUCH as, 291 dishonesty, probably meaning of, 182 droite de suite (the resale right) in copyright law, definition of terms, relating to art and cultural disinterred remains, reburial of, 6 332 heritage, 14 disputes, 463 Droz, Georges, 68 degenerate art, 185 resolution of. See also ADR (alternative dispute drug trafficking Delaware and Lehigh National Heritage resolution) compared to illicit trade in cultural property, Corridor, 224 and contract between parties, 484 64 authorizing legislation, 224 inadequacy of, 468 in Guatemala legislation authorizing, 223 industry interest in, 477 and cultural looting, 95 management of, 222 distillation Dry Tortugas area (Florida Keys), 436 demand and refusal rule, New York, 170–171, 176 of fermented mosto, 217 dua, 25 Den Arnamgnaean Samling, 5 for production of Vino de Mezcal, 217 Dubrovnik, 28, 36 Denmark, 4 distinctive marks, law of, 329 devastation of, 28, 36 Denning, Lord, 77 District Six museum, 390 Duckworth, E.H., 138 density management, museums being positioned Dittmayer, Hans and Stephanie, 187 due diligence to solve, 421 Dittmayer, Wolfram, 187 concept of, 45 Department of Internal Affairs v The Poverty Bay Dittmayer collection, 187 demonstration of, 171 Club Inc, 147 divers, reporting of shipwreck finds by, 304 determining, 171 depredation sites, listing of, 154 Diversa Corporation. See Recombinant EMS as, 276 derelicts, 301 Biocatalysis,Inc. Dunbar, 300 des Portes, Elisabeth, 65 diversity. See also biodiversity; cultural diversity duplicates of cultural goods, 54, 106 design of distinct communities and cultures at stake, Durie, Mason, 358 as determinant of costs and profitability, 365 331 and technological development, 366 linguistic, 130 early neutral evaluation. See evaluative mediation design rights, 342 as resource, 391 Earth Summit of Rio ’92, 127 desirable recognition of measures to protect spiritual, 24 East African cultures, exhibition of, 17 cultural heritage, 77 divinity, dangerous as well as benevolent, 22 Echo Echoes (Turks and Caicos National Trust), destruction Dja Dja Wurrung bark etchings, 381 439 in discovery, 44 Djenne, 60 Ecole Francaise d’Extreme-Orient. See EFEO intentional, 3 Djulibinyamurr waterhole site, 8 Eco-Management and Audit Scheme. See EMAS destructive collecting, ICOM Code of Ethics D-Lib Magazine, 416 ecomuseums, 423 designed to prevent, 55 Dmanisi (Georgia), hominid remains found at, economic botanists, ethical problems of, 126 destructive retention, 14 251 Economic Exclusive Zone. See EEZ deterioration and recovery of submerged Doaz, Porfirio, 394 economic factors property, 297 doctrine of laches, 172 versus archaeological significance, 283 developed countries. See also specific country documentation and balance of power, 345 civilizations occupying, 429 evaluated for authenticity, 402 and museum resources, 49 rates of consumption in, 429 examining for objects, 402–407 within social context, 245 developing countries. See also emerging maintaining comprehensive, 65–66 and study of cultural property, 244 economies; specific country required under 2001 UNESCO Convention, economic systems, developed for massive characteristics of, 367 322 production, 429 IKS&T in, 365–366 in source countries, 401 ecosystem, strategies for increasing, 430 role of IPR in, 366–368 Dodington, 314 Ecuador development loss of, 314 archaeological objects illicitly removed from, impacts of as provisional national monument, 319 80 unanticipated, 273 within South African waters, 313 archaeological objects retrieved by, 65 development cultures, removal from close Dodington coins, 316 ratification of UNIDROIT Convention by, contact with environment, 429 case of, 313–323 134

Index 529

Edda, oldest text of, 4 EMS (environmental management systems), 266, Eritrea-Ethiopia Ede, James, 182 272–273 archaeological sites in, 467 EEZ (Economic Exclusive Zone), 305, 311 environmental monitoring as feature of, 273 Geneva Conventions applied in, 467 evaluation of resources, 50 penalty implementation in, 276 loss of the Stela from, 467 mechanism of cooperation in, 311 endangered properties, protecting, plunder of cultural treasures in 1868, 137 objects found in, 287 Endangered Species Act of 1973, 159 request for repatriation of Magdala Treasures, as redundant, 287 endangered species, preservation of, 438 5 EFEO (Ecole Francaise d’Extreme-Orient), 153, endangered works, moving to another nation, 14 return of Obelisk of Axum to, 5 154 Engaging Stakeholders Programme of Eritrea-Ethiopia Boundary Commission, 466 Egypt SustainAbility-UNEP, 274 Eritrea-Ethiopia Claims Commission, 466 Schultz case and, 167 Enigma, Aboriginal singers signed with, 481 applicable law, 467 smuggling of ancient artefacts out of, 167 Entella bronze tablets, 46 jurisdiction and remedies, 466 state ownership of cultural property in, 70, entrepreneurs and Stela of Matara, 467 399 innovation by work to date, 466 EIA (environmental impact assessment), 266, encouragement of, 342 ESIAs. See Environmental and Social Impact 267–272 environment Assessements after economic and technical feasibility biological concept of, 429 Essex National Heritage Area (Massachusetts), studies, 271 carrying capacity of, 429 224 alternatives in, 267 cultural patterns of interaction within, 430 Estenssoro, Victor Paz, 124–125 baseline environmental study in, 267 guidelines protecting, 266 eternal rights as concern for industry, 347 benefits of, 271 tourism as supportive of, 151 ethical investing, 275 credibility for, 271 Environment Protection and Biodiversity ethical issues in UNIDROIT definitions of basic decision in, 267 Conservation Act. See EPBC Act terms, 12 elements of, 267 environmental analysis, requirements for, 262 ethics board for restitution claims, 190 in emerging economies, 271 environmental and social reporting, 274–275 Ethiopia. See Eritrea-Ethiopia as hurdle to development, 271 environmental assessment. See EIA Ethiopian Orthodox Church (London), loan of impact prediction, 267 environmental auditing, 266, 267, 273–274 Magdala Treasures to, 6 international environmental law requirements environmental disputes, procedural rules for, ethnic hatred, impulse of, 28 for, 268 471–473 ethnobiological inventory, devoting development lack of resources for, 272 environmental impact assessment. See EIA aid to, 126 management capability for self-regulation, 271 environmental law ethnobiological knowledge, value for human mitigation measures, 267 in emerging economies, 264 welfare, 126 OGP guideline endorsement, 268 privatisation of, 278 ethnobiologists, making results for research by oil and gas industry, 268 prosecution guidelines, 276 available to native peoples, 126 post-decision monitoring, 271 environmental management ethnocide of indigenous peoples, 128 post-project analysis, 267 ISO 14000 series standards on, 272 ethnographic art, dealers in, 3 project proponents, 271 oil companies to be accountable in, 265 ethobotanists, disclosures of, 346 and project schedule and cost, 271 standards for, 266 EU (European Union) projects approved despite, 271 environmental management systems. See EMS ad hoc regulations on illicit trafficking, 81 public participation in, 271, 272 environmental performance evaluation. See EPE age as criterion for cultural goods in, 191 reporting, 267 environmental performance, indicators of, 273 Commission Regulation No 752/93, 191 required by NEPA, 262 environmental practices Council Directive 85/337/EEC, 268 scoping, 267 API guidelines for, 266 Council Directive 93/7/EEC, 191 screening in, 267 flexible approaches for, 265 Council Directive 1993/7/EEC, 179, 180 weaknesses of, 271 standards, 266 Council Regulation 1210/2003 of 7 July 2003, Eidelman, Jacqueline, 419 Environmental Rules 81 EIR (Extractive Industries Review), 271 application of Council Regulation (EEC) No. 3911/92, El Peru,´ 98 areas of, 472 191 El Salvador, 134 specialized lists, 472 Court of Justice, 192 Electronic Distance Meter (EDM), 259 unique provisions of, 471–472 cultural goods legislation in, 191–193 Elgin, Lord, 4 environmental violations, procedural rules or cultural goods returning from, 191 Elgin Marbles, 4, 143, 384 management processes preventing and cultural heritage protection in, 191 request for return of, 4, 140 detecting, 272 Eco-Management and Audit Scheme (EMAS), Elginisme, 4 EPA v. Great Southern Energy, 276 272 Eli Baba near Sulka (Georgia), artifact found at, EPBC Act, 206, 208 export controls, 191 251 amended to create National Heritage List, 212 free movement of goods in, 191 eligibility for protection, 350 capacity to control actions with impact on free trade in all goods within, 191 EMAS (Eco-Management and Audit Scheme), world heritage values, 208 Herbal Medicine Products Directive (2004), 273, 274 EPE (environmental performance evaluation), 373–375 Emergency Inventory, history of, 111 266, 273 herbal medicines regulation, 372, 373, 374 Emergency Protection for Iraqi Cultural Epstein, Jeremy G., 176 investigating objects removed illegally from Antiquities Act of 2004, 2 Equator Principles, 246, 270 Members States, 191 emergency situations, ad hoc rules for, 80, 81 equipment standards, 266 legislation, 72 emerging economies. See also specific country equitable benefit-sharing categories of goods covered by, 191–193 absence of rule of law in, 277 for industrial and commercial uses, 345 thresholds for export licenses, 191 absence of strong and independent judiciary principle of, 348 eucalyptus, 210 in, 278 equitable compensation Euphrates river, 255, 256 applying EIA process in, 271 determining, 351 Europe. See also specific country ineffective environmental laws of, 264 scheme for, 334 agreement with Guatemala, 94 oil operations in, 264–279 equitable resolution, recommended by AAMD conflict of laws in Emeritus Professor of Assyriology, 61 Guidelines, 407 versus Anglo-American concept, 84 emissions trading, international, 473 erga omnes obligations cultural education in, 387 emotionally fraught situations, conciliation in, cultural destruction and, 37, 39 cultural tourism in, 421 485 establishing, 34 different jurisdictions within, 189

530 Index

Europe (cont.) fathers, functions and responsibilities of, 26 Fogg Art Museum, 46 instruments specific to, 79 FDA (Food and Drug Administration), dietary folk music, Bolivian, 125 looting in, 65 supplements and, 370, 372 folklore museums in, 387 feasibility study for proposed national heritage expressions of, 328, 329 ownership determination formula, 173 area, 221 archiving of, 334 restitution claims, 189 federal civil suits, authorized against foreign as national heritage, 132 scientific-technological culture in states, 174 pejorative meaning of, 327 inadequacies of, 363 federal commission promotion of, 129 European Association for Tourism and Leisure hampered by delays in appointing members, protection of, 126, 130 Education (ATLAS), 420 222 model law on, 343 European Commission, dispute resolution over national heritage areas with, 220, 222 public domain character of, 335 Nazi-era looted art, 474 federal forfeiture statutes, 163 Food and Agricultural Organization (“FAO”), European Convention for the Protection of Federal Interagency Panel on World Heritage, 12 Human Right and Fundamental 234 forced labor Freedoms, 192 federal lands, studying archaeological resources compensation for European Green Book, 455 on, 7 debates for, 185 European Medicines Evaluation Agency Federal Republic of Germany v. Sotheby’s, 187 Ford Motor Company, 359, 360 Herbal Medicinal Products (HMPC) Felipe, Jaime Castillo, 8 foreign courts committee, 374 feminine, conjunction with masculine, 26 litigation in, 139 herbal medicinal products position paper, 371 Femme en blanc (Picasso), 174 recovery of cultural property by, 139 European Parliament, Resolution (A Ferrara meeting, 202, 204 “foreign element” 5–408/2003), 189 fertility of transactions, 71 European positive list, 373 as base and mechanical rather than magical foreign law evaluative mediation, 478 and sacred, 23 ignorance of evidentiary problems in regard to stolen objects, as bridge-head, 22 inexcusability of, 401 139 as generative energy, 23 reach of excavation, 43, 181 opening the door to chaos and disorder, 23 inquiry on, 402 lack of control over, 48 organization of earth by, 26 researching, 402 methodology of, 52 process of, 24 foreign litigation site protection, 66 would destroy the world without an costs of, 139 tainting an object, 181 intermediary, 23 expense involved in, 139 exceptional situations. See emergency situations Field Museum of Natural History, 10, 94 Foreign Sovereign Immunities Act. See FSIA exhaustion of rights, 347 finders, 301 forestry industry, and World Heritage exhibition catalog, documenting objects, 405 compared to salvors, 301 Convention, 207 exhibitions, travelling, 422 entitled to ownership, 301 forfeiture existence, forms of, 23 taking title to property, 294 as action against object, 163 existential thought, 363 finder’s award, 295 predicate offense justifying, 163 expert knowledge, required by mediator, 479 finders keepers rule, 294, 306, 317 as unusual type of proceeding, 163 export controls, 317. See also illegal export finds. See law of finds forms, ideal, 22 enforcement of, 194, 196, 316 findspot Fortier, Maˆıtre Yves, 469 foreign ambiguous, 53 forum for dialog, museums as, 388 enforcement of, 160 antiquities with no information on, 52 forum selection clauses, 72 recognition of, 195 proving, 170 fossils as point of contention, 89 removal of objects from without best articulated skeleton, 10 regulating cultural property trade, 89 documentation, 399 in China, 10 regulation cultural property trade, 399 for work of ancient art, 43 commercial market for, 10 versus sovereign ownership laws, 166 Finland, 238 Foster v Mountford (1976), 332 state’s right to, 69 first come, first served approach, 287, 288 found in the ground ownership statute, export licenses, thresholds for, 191 for heritage found on continental shelf, 399 exportability of movable cultural property, 71 289–291 Foundation for National Archaeological expressions by action, 329 and marine archaeological finds, 306 Research (FIAN), 123 expressions of folklore, 327, 329, 338 First International Conference on the Cultural Fowler, Peter, 202, 204 extinctive prescriptions, 69 and Intellectual Property Rights of Fowler Traction engine case, 147 Extractive Industries Review. See EIR Indigenous Peoples (1993), 127 FPIC (free, prior and informed consent), 336, Exuma Cays Land and Sea Park, 436 fish stocks in East African lakes, 391 476 Eyo, Ekpo, 139 Fisk, Robert, 39 fragmentation among coastal and maritime flag State States, 308 facilitative mediation, 478 no right to take urgent measures under France facts, not protected by copyright, 10 CPUCH, 291 as both a market nation and a source nation, fair use of copyright works, 10 retaining title indefinitely to sunken craft, 89 fakes, 54, 106 286 Cleveland Museum and, 89 false statement flags of convenience, dangers posed by vessels code of patrimony (le Code du patrimonine), merchandise imported by means of, 164 flying, 291 197 with regard to country of origin, 164 flamingos, return to Anegada, 438 Commission of National Treasure, 197 Faris, Doug, 225 Fleischman, Barbara, 56 cultural goods collections in, 197 farmers Fleischman, Lawrence, 56 export control of cultural objects, 194 in Costa Rica, 446, 447 Fleischman collection, 56 export control system cultivation of illegal crops by, 433 flexibility classification under, 194 killing of flying foxes by, 208 of mediation, 478 extensive databases on stolen objects, 66 looting by principle of, 348 funding several major work sites at Angkor, in Guatemala, 95 flotsam, 302 150 occupation of archaeological property by, 10, flying foxes protection of Angkor sites by, 149, 98 endangered status of, 208 154 Farnum, William, 437 world heritage values and, 208 reforms undertaken by, 197

Index 531

responding to a proposal to destroy all traces discrimination, 30 Glamis Imperial Corporation, 262 of Latin inscription on monuments equality, 390 Glamis Imperial project, 263 (1794), 1 General Archive of Central America in global commons, 16 statute of limitations, 173 Guatemala City, 96 global context for preserving physical and Franceschini Commission General Directorship for Cultural Heritage cultural resources, 245 cultural good defined by, 105 (Paraguay), 134 global digital library, requirements for building, cultural goods theory initiated by, 105 general guiding principles 416 defining cultural good, 105 presented by WIPO, 344 Global Strategy for a Balanced and Representative Francioni, Francesco, 3, 30 set out by WIPO proposals, 337 World Heritage List, 50 Fraser Island (Australia), 211 in WIPO/GRTKF/IC/7/5, 348–349 globalisation Frederick Schultz Ancient Art Gallery, 400 General Health Council, 116 consequences of ignoring, 51 free, prior and informed consent principle. See General Inspectorate of Monuments (Mexico), environmental impact of, 49 FPIC 394 negative impact of, 461 free rider problem, 279 General Registry of Properties of Cultural Globally Important Agricultural Heritage freedom of contract, should not be merely Interest, 459 Systems (GIAHS), 202 assumed, 85 generative energy, 22, 23 GMOs (genetically modified organisms), 359 freedom of operation opinions, producing, genetic engineering, 359 Gobustan Reserve, 250 346 genetic material gold deposit, discovered by Glamis, 262 freedom of religion, 38 extraction of gold mine, close to Yellowstone National Park, freedom of the seas, 287, 292 for commercial ends, 444 236 freedom-of-fishing approach, 288 genetic resource policy, 344 gold ornaments, stolen from Catholic churches Freer, Charles L., 56 genetic resources in Guatemala, 95 French and Dutch-speaking islands, 47 access to Goldberg, Peg, 93 French Colonial culture, flourished around Decision 391 on, 132 Goldman Sachs Energy Environmental and Natchitoches, 224 access to and benefit-sharing in, 336 Social (GSEES) Index, 275 French law, private ownership protected, 69 defining, 129 Golin, Gian Antonio, 462 French owner of a stolen painting located in determining access to, 348 Gonawindua, as a story-word, 26 Switzerland, 92 norms for access to, 446 Gonawindua Tairona, 21 French School of Far East. See E.F.E.O. (French ownership of, 12 Gondwana, separation of Australia from, 210 school of Far East) permitting access to, 129 Good Collector, notion of, 57 Frick Art Reference Library, 112 property rights to good faith, 90 Friends of Hinchinbrook v. The Minister for the protection of, 13 criteria Environment, 207 regulating access to, 128–129 adopted by Peruvian Civil Code, 103 Frigo, Manleo, 14 genetically modified organisms. See GMOs burden of proof on the possessor, 178 Frigo, Professor, 193 Geneva Conventions, 474 inquiry Frobenius, Leo, 138 1977 Protocol II to, 34 with a reasonable amount of diligence and frontier areas, increase in illicit activities in, 136 article 53 of the 1977 Protocol I, 35 care, 403 FSIA (Foreign Sovereign Immunities Act) signed by Ethiopia, 467 required for a successful laches defense, 403 (1976), 174 gens de couleur (free people of color), 225 purchase defence. See BFP fundamental principles in Se,´ 21 geographical indications, 342 purchasers funding constraints, symbiosis with professional protection of, 345 placing a greater burden of due diligence on, expectations, 59 registering in respect of handicrafts, 339 167 funerary objects registering traditional geographical names and Gordon, George. See Byron,Lord associated, 413 appellations or origin as, 332 Gotha v. Sotheby’s, 187 under NAGPRA, 6 Georgia, 251 Government Gazette, declaring a shipwreck to be protecting Native American, 261 German law versus New York law, 169 historic, 303 fusion ruling Germany Government of Peru v. Benjamin Johnson and globalisation and, 439 and apsara sculptures in Angkor Wat temple, others, 100 status of, 17 150 government officials, awareness of cultural court rulings having no bearing on procedures heritage preservation, 461 Gabon, 142 elsewhere, 188 governments, view of archaeological heritage, Gallagher, Ronny, 252, 253, 254 legal system 52 Galvin, Denny, 221 hard time dealing restitution claims, 189 Graham, Ian, 165 GAMA, 256 preferring fixed statutes of limitations, 188 Graham, Kristin Kilpela, 260 Ganalbingu country, cultural sites in, 8 objection of preclusion, 188 grains, patenting, 9 Ganalbingu people, 8 refusal to sign UNIDROIT, 321 Granada Treaty (1985), 257 Gandharan school in Buddhist art, 33 statue of limitations in, 187 Granai and Townson Foundation, 98 gangs treasure trove law, 189 Grande Ronde. See Confederated Tribes of the continuing to plunder, 94 Gerstenberg family collection, 187 Grand Ronde wreaking destruction in both Afghanistan and Getty Conservation Institute, cooperation with Grassley, Senator Charles, 2 Iraq, 57 the SACH in China Great Barrier Reef (Australia), World Heritage ganma, 214 Getty Foundation, Object ID system developed List designation, 211 GAO report on national heritage areas, 223 by, 66 Great Metropolitan Area (GAM), 453 GAP (South Eastern Anatolia Project), 255 ghost of jurisdiction (horror jurisdictionis), 287, Great Smokey Mountains National Park, Garifuna in Guatemala, 97 289, 292 rumored foreign takeover of, 236 garma, 214 Gil, Ramon,` 15, 21 Great Zimbabwe Conservation Centre, 391 gas industry, 264, 266–275 Gilbert, Kingi, 360 Greece G.D. Searle & Company, Gilgan, Elizabeth, 170 request for return of Elgin marbles, 4 Ge’ ez, ancient language of, 467 Ginko biloba, interactions with drugs, 372 request for return of Parthenon marbles, 140 Geary, Patrick, 42 Ginsburg, Jane C., 10 Greek antiquities, damage caused by air Geldermalsen, 305, 320 GIRONA Spanish Armada ship, 297 pollution, 297 Gella, 143 GIS (Geographical Information System), 154 Greek Orthodox Patriarchate of Jerusalem v. gender Givaudane Roure, Christie’s Inc., 172 concept of, 22 Glamis, 263 Greek vase paintings, 45

532 Index

Greek-Orthodox Church of Cyprus, 171 Guggenheim Museum of Bilbao, 461 Treasures from the Royal Tombs of Ur Greenfield, international possession not possible, Guggenheim museum, seeking to recover a exhibition, 43 144 Chagall gouache, 171 Hatcher, Mike, 305 Greens party in Australia, 213 Guggenheim v. Lubell, 171, 403 Havana Gregoire, Henri, responding to a proposal to guidelines, reviewing and updating oil industry, historic background of, 239 destroy all traces of Latin inscription on 278 historic center of old, 239 monuments (1794), 1 Guidelines Concerning the Unlawful Haviser, Mr. Jay, 420, 422 Griffier, Jan, 183 Appropriation of Objects during the Nazi Hawaiian groups (“uttui malama”), dispute with Grotius, Hugo, 16 Era, 463 City of Providence, 7 Ground Penetrating Radar survey at Zeugma, 258 Guidelines on Acquisition of archaeological Hawaiians, collection management by, 414 GRULAC (Group of Latin American and Material and Ancient Art. See AAMD Hefly, Congressman Caribbean States), 332 Guidelines acts introduced by, 223 Grunbaum, Fritz, 189 guides, training to work in Angkor programmatic approach to national heritage guachimontones, 217, 219 Archaeological Park, 152 area designation, 223 guardians for each of the four corners, 26 Gulf War of 1990, increase in global trafficking in Henderson, John, 44 guardianship versus ownership, 354 Near Eastern art after, 1 hepatotoxicity, risk of from Kava-kava use, 371 Guatemala Gun Hill Station, 437 Herbal Medicinal Products (HMPC), 374 alleging artefacts to be exported in violation of Guy, Robert Herbal Medicinal Products Working Party, 375 Guatemalan law, 166 no evidence of legal and ethical acquisition, 45 herbal monographs antiquities from labelled as lowlands, 53 scholar of considerable renown, 45 EU regulations on, 374 archaeological objects from scholar of Greek vases, 45 herbal products as government assets, 96 Guyana-Suriname case, pending with the PCA, applications for archaeological sites in, 95 469 refusal of, 373 ceramic pieces with polychrome scenes from, Gwi, 25 contamination of, 371 95 Gwi-a-wi-mun-dua, 25 designated as foods, 370 colonial heritage, 96 as dietary supplements, 370 colonial heritage in, 96, 98 H. M. S. Sussex, 284 EU regulations on, 373, 374 constitution of Hacienda de Cuisillos, 217 labelling of, 371, 374 cultural property statutes, 95 Hafner, Prof. Gerhard, 469 list of, 373 cult of the dead in, 97 Hague Convention, 11, 33 manufacturing guidelines for, 372 cultural groups in, 97 Afghanistan not party to, 34 mimicking, magnifying or opposing the effects cultural heritage being destroyed at an applicable to international armed conflicts, 33 of conventional medicines, 372 unprecedented rate, 94 Article 19 for the Protection of Cultural packaging of, 374 Cultural Heritage Directorate, 95 Property in the Event of Armed Conflict, popularity of, 370 cultural heritage preservation in, 97 37 prescription-only steroids in, 372 budget for, 98 cultural property as term in, 11 quality-related problems with, 372 government measures for, 96 as embodying cultural internationalism, 14 research guidelines, 372 cultural property becomes property of expanding protection for cultural property traditional knowledge claims and, 9 Guatemala upon illegal export, 70 from “war” to all armed conflicts, 2 herbal remedies, popularity of, 370 Department of Pre-Hispanic and Colonial goal of, 11 Herbarium of the National Museums of Kenya, Monuments, 95 principle sparing historic monuments and 391 destruction of archaeological sites, 18 buildings from military violence, 34 heritage, 109 Director of Cultural Heritage in, 96 representing customary international law, 468 categories, 219 drug trafficking in, 95 strength evident during Operation Desert as defined in the World Heritage Convention, ecotourism in, 97 Storm, 2 201 effects of international agreements, 96 United States not party to, 38 education, 48 excessive bureaucracy, 99 Hague Convention (1954), 2, 79, 134 factors affecting in Guatemala, 98 factors affecting heritage, 98 1999 Second Protocol to, 37 goods, 105 fragmented ethnic groups in, 97 on cultural property protection during identification, conservation and management, government-private collaboration in, 99 wartime, 35 211 illegal export artifacts as state property in, 166 no mention of arbitration, 469 of indigenous peoples, 357 import restrictions, 96 protection of cultural heritage as a global institutions, 49, 50 Institute of Anthropology and History value, 33 landscapes, 211 Department of Pre-Hispanic and Colonial for Protection of Cultural Property in the movement, 229 Monuments, 95 Event of Armed Conflict, 57, 155 places in Australia, 210–212 international agreements and, 96 on theft, pillage or misappropriation of policy, 47–51 legal claim issued in 2001 to Spain, 94 cultural property, 38 protection looting in Hague Convention (IV), Respecting the Laws in Barbados, 50 as incentive to collectors, 95 and Customs of War on Land and in Mexico, 117 Machaquila site in, 165 Annexed Regulations, 474 sites and objects, 98 Mayan groups claiming exclusive rights, 97 Hague Tribunal, “crimes against humanity,” 36 as used by UNESCO’s Committee for the meagre resources set aside by successive Hahn, Stephen, 174 Protection of World Cultural and Natural governments, 94 Hais, Frans, 172 Heritage, 210 Mirador Basin in, 60 Han Dynasty Heritage Act 1977 in New South Wales problem of looting in, 95 handworks, 366 (Australia), 304 prosecution of crimes against cultural hapu (sub-tribe), 353 heritage area model, 225–226 property in, 96 Harbaugh, Joseph, 243 heritage areas provenance certification in, 96 Hardin, Garret, 16 authorities managing, 222 ratification of UNIDROIT Convention by, 134 harmony, fundamental principles of, 27 commission establishing a competitive grants sole legal owner of monuments and Harvard Report, 94 program, 226 archaeological objects, 96 Harvard University cultural groups mobilized in, 226 guerrillas, peace accords with, 97 restrictions on acquiring illegally exported developing, 220 Guggenheim, holding of DeWerth modified by, objects, 406 extensive partnership building and grants, 226 176 Statement on Acquisitions, 398 factors setting them apart, 228

Index 533

formula applied to, 227 hokopapa (genealogies) songs, 354 Conference of 2001 (Cancun, Mexico), goals of, 220 Holland, contributing to Angkor, 150 136 higher percentage of population over 65, 228 Holmes, Richard, 137 Rules of Evidence in Commercial Arbitrations, justifying the value of the designation, 229 Holocaust disputes, 173–176, 463, 464 485 using data collection to understand, 227–228 homeopathic medicinal products, 373 ICANH. See Colombian Institute of Heritage Assets Incentive Scheme in Barbados, 51 homo erectus sites in Georgia, 251 Anthropology and History Heritage Corp Police, 154 Honduras, tourism in, 420 ICANN Policy for the resolution of domain Heritage Council in New South Wales, 304 Honolulu Academy of Arts, 153 name disputes, 486–487 Heritage Department in Cuba, 240 Horne, Donald, 423 ICBG – Peru project Heritage Division in Colombia, 123 horror jurisdictionis, 287, 289, 292 ethnobotanical prescreening, 450 Heritage Fund of the Bahamas National Trust, 436 Hotel Casa Santo Domingo, 98 legal basis for, 449 heritage items from Pacific states, entering New Hotel Zone, created by Cambodia, 155 report on, 449 Zealand, 145 House of Commons Select Committee on ICC (International Chamber of Commerce), heritage management Culture, Media and Sport, 179 Business Charter for Sustainable restricting the scope of, 47 supporting the work of the SAP, 183 Development (1991), 270 safeguarding the Angkor site, 150–151 Howeidy, Fahmi, 32 ICC (International Coordinating Committee for severely underfunded in South Africa, 316 HSA (Historic Shipwrecks Act) (Australia), 302, the Safeguarding and Development of the training, 48 305 Historic Site of Angkor), 149 Heritage Preservation Services website, 238 offences under, 304 Ad Hoc group of experts, 149 Heritage Resource management, 50 permit procedures possibly as inconsistent formation of, 148 heritage resources with UCH, 306 as the international mechanism for development for tourism, 49 protecting shipwrecks and historic relics in coordination of assistance, 149 identifying along the BTC Pipeline route, 251 Australian territorial waters, 303 ICCA (International Council of Chemical Heritage Studies, Masters degree programme for, providing for permits, 303 Associations), 279 50 requiring the Navigation Act to be amended, Iceland, 4, 191 heritage values approach, 212 303 ICIP (indigenous cultural and intellectual Herriot, President Edouard, 89 restricting commercial salvage and property) management, 417, 418 Heuss, Anja, 186 exploitation of historic shipwrecks, 304 ICOM (International Council of Museums) Hidi’s stone henge palace, 203 setting up a public register for historic actions of, 155 High Court of Australia, 301 shipwrecks, 304 adopting definition of museums and Code of high seas, applying UCH to the entire, 306 shipwrecks becoming protected under, 303 Ethics, 49 “high-end” objects, enhanced rights of return Huancayo, Archbishop of, 109 appeal to the Taliban of destruction as cultural for, 176 Hudson, Laura, 225 catastrophe, 28 hijuelos (shoots), 217 Hudson River Valley National Heritage Area, 222 assistance to developing countries in Hinchey, Rep., 223 hui (meetings) with Maori artists, 355 recovering stolen cultural property, 140 Hindu God Shiva, illegally excavated idol of, 318 hull insurance policies, 295 clear statements on the ethics of acquisition Hirsch, Herbert, 176 human beings since 1970, 380 Hispanic countries, 47 behavior towards the rest of the world, 22 Code of Ethics, 54, 405, 422 Historic American Buildings Survey (HABS) needing the work of priests, 24 Article 5.1 of the 2004, 58 collection human interference, consequences to the world, designed to prevent destructive collecting, 55 historic centre of Old Havana, 239, 240, 241 23 55 historic cities, 237 human law as an extension of natural law, 26 proposing mediation of disputes, 464 historic cultural values, not recognized in human presence on the Angkor sites as physical code of professional ethics anticipating Australia, 212 protection, 153 cultural rights, 413 Historic Front Street in the Natchitoches human remains collaboration of Caribbean countries with, 50 National Historic Landmark District protecting Native American, 261 conducting interdisciplinary research on historic preservation in the Cane River region, relaxing the bar on de-accession for, 184 cultural tourism, 421 225 repatriation requests for in the UK, 183–184 definition of the museum, 386 historic properties, belong to the landowner, 10 Human Remains Working Party, 183 Handbook of Standards for African historic relic as defined in the HSA, 302, 303 human resource development for tourism at Collections, 66 Historic Shipwrecks Act (HSA) 1976 (Australia). Angkor, 152 international campaigns of 1997 and 1998, 135 See HSA human rights International Committee for Documentation historic shipwrecks program (HSP), Australian, concepts balancing and informing concerns (CIDOC), 66 304 about, 17 International Committee for Museum historical and/or archaeological artifacts, salvor’s cultural rights as the least developed, 413 Security, 67 preservation of, 294 dramatic disregard of in Afghanistan, 30 One Hundred Missing Objects series, 65, 66 Historical Education Programme, of the Cayman Human Rights Watch, 29 participation in discussions on African Islands National Trust, 438 humanitarian law, 37 museums, 388 historical information, archaeological sites as humankind, likeness with cosmic intelligence, 23 promoting research and advisory programmes sources of, 52 humans, place of according to Se,´ 26 on the role of the contemporary historical monuments Hungary museum, 424 in Mexico, 116, 117, 396 art lost during the Second World War, 6 providing clear guidance for all museums, 380 postdating the Spanish conquest, 115 burden to prove the find site for the Sevso publication entitled One Hundred Missing Historical Monuments Council (Mexico), 396 Treasure, 170 Objects - Looting at Angkor, 153 historical property, detection and restitution of contributing to temple maintenance and Red List launched by, 422 illicitly exported from Bolivia and safeguarding at Angkor, 150 re-published “Hundred missing objects - Mexico, 130 seeking return of the Sevso Treasure, 170 Angkor’s lootings,” 155 historical values versus aesthetic, 44 Hussein, Saddam, 39 statement on the ethics of museum history hyper-inflation in Afghanistan, 30 acquisitions, 54 changing attitude toward in Colombia, 122 Hypothetical and Issues Committee, 194 support of the Object ID, 66 role played in defining nations, 42 supporting the process to combat illicit traffic surrounding suspect transactions, 403 (IBA) International Bar Association in cultural property, 134 HMPC. See Herbal Medicinal Products Committee on Art, Cultural Institutions and training workshops for police and customs Hodel, Interior Secretary, 236 Heritage Law, Cultural Heritage officers, 67

534 Index

ICOM-Bolivia contacting, 109 impact mitigation, 270 Code of Professional Ethics, 131 seeking support for specific manageable impact monitoring, 267 established in 1986, 126 activities or projects, 113 Implementation Contract for the Birecik Project, issued its Code of Professional Ethics, 131 illegal actions, 180 256 ICOMLAC, regional branch of ICOM, 134 illegal excavations implementation monitoring, 267 ICOMOS (International Council on Monuments objects from counting as stolen, 90 import controls and Sites), as a source of Iraqi cultural assets, 2 compared to export controls, 142 1976 convention, 152 illegal export, 12 of illegally exported objects appeal to the Taliban, 28 from Bolivia, 125 import restrictions for cultural heritage, 214 cases of, 90, 91 effective dates of U.S., 161 ICOMOS-Costa Rica as a branch of, 453 of cultural property, 12 highly selective in the CPIA, 161 International Charter on Cultural Tourism, not a crime under the NSPA, 165 temporary emergency, 161 60 not actionable in a United States court, 159 by the U.S. on cultural materials illegally Web pages, 238 from a source country, 406 removed from Iraq, 2 website, 237 illegal market importation ICOMOS Canada website, 238 in cultural property of cultural heritage ICOMOS-Bolivia, established as a restriction of, 96 without export permit, 319 non-governmental organization, 125 illegal trade imprescriptibility, 69, 70 ICOMOS-Costa Rica, 453–454 in cultural property in situ preservation, 10 classified as a public interest organisation, 453 defining, 74–75 inalienability, 69, 70 selling professional services, 453 illegality, causes of, 82 inalienable rights ICOMSUR, national subcommittees of cultural illegally exported objects granting to native peoples, 126 property, 134 distinguished from stolen, 74 proposed by WIPO, 347 ICSID (International Centre for the Settlement regime set up by UNIDROIT, 90 INBio (Instituto Nacional de Biodiversidad), of Investment Disputes), 486 illegally imported artifacts, 142 440, 448 ICTY, 36, 39 Illicit Antiquities Research Centre, 66 INBio – Merck agreement, ideal forms of Plato, 22 illicit antiquities trade INC, 111 ideas archaeologist’s view of trade in, 52–62 Inca walls and buildings, 106 not protected by copyright, 10 museums role in, 56 inclusiveness, Aboriginal notions of, 214 realm of inherently dangerous, 22 scale of independent creation from an IP perspective, separate existence of, 366 in works of art or cultural property, 74–75 328 identification service, provided by museums, 58 “illicit” conduct, circumstances favoring, 74 the Index. See The National Parks: Index 1999 ideology, Taliban and, 30 illicit export, 74, 76–77 India IDL (Indigenous Digital Library), 416 Directive exclusively for cases of, 80 care for the temple of Ta Prohm at Angkor, 150 IFAR (International Foundation for Art international standardization of, 75 contributing to temple maintenance and Research), 66 “illicit” international traffic in cultural objects, 11 safeguarding at Angkor, 150 combining with the Stastny collection, 112 illicit provenance defiite opinions concerning IPR, 366 photographic inventory in and around Cuzco, cultural objects of, 71 government arguing that use of tumeric not Peru, 109 returning cultural property having, 79 patentable, 9 reputation as a leader in the field of art theft illicit trade indigenous artisans in, 366 recovery, 110 in cultural heritage landowners in utility of intervention by, 111 international market in, 387 beneficial title held by, 10 IFAR inventory, 111 Illicit Trade Advisory Panel Neem tree as an integral part of cultural emergency nature of, 110 illicit trade in cultural objects heritage, 9 as an existing inventory, 109 recommendations on UK actions to stem, 178 patent law restricted to only process patents original launch of, 113 relevant UK law, 178–179 and not product patents, 9 putting to work, 109–113 solutions to, 65 research project with South Africa, 366 supplementing with other existing inventories, illicit traffic Swalingam stolen in, 92 113 in antiquities, responsibility of the general Traditional Knowledge Digital Library IFC. See International Finance Corporation public, 64 (TKDL), 9 Ife, 138 in antiquities from Iraq, 3 Indian Arts and Crafts Act (1990) (U.S.), 331, Ifugao Terraces Commission (ITC), 203 of Colombia’s movable heritage 334 IGC (Intergovernmental Committee on in cultural property, 3, 64–67, 134, 135, 142 Indian lands, held in trust by the United States, 10 Intellectual Property, Genetic Resources, in cultural tangible and intangible and natural Indian Reorganization Act of 1934, 10 Traditional Knowledge and Folklore), 342 heritage by tourists, 422 Indian Tribes, claiming communally owned concerns voiced during the work of, 344 stance of universal museums on, 381 objects, 8 international regime for protection of TK, ofworksofart,89 Indiana, statue of limitations for replevin genetic resources and traditional cultural “Illicit Traffic of Cultural Property in the actions, 172 expressions, 356 southern Cone” (2004), 135 indicators permitting Indigenous peoples observer status, Illinois and Michigan Canal National Heritage key clusters emerging in the practice of oil 356 Corridor, 220 companies, 275 of the WIPO, 356 authorizing legislation, 224 selecting to measure the environmental impact IGOs (intergovernmental organizations), 265 developing the legislation for, 223 of activities, 273 dealing with the issue of traditional federal commission as the management entity, of social and cultural performance by oil knowledge, 343 222 companies, 273 guidelines of, 265 ILO (International Labour Organisation), 126 indigenous, reconsidering the meaning of, 15 IKS&T (indigenous knowledge systems and Convention 169, 126, 127, 357 indigenous and local communities indigenous technologies) immortality, 23 knowledge created by, 340 among artisans in India and South Africa, 366 immovable archaeological discoveries in Peru, WIPO consultations with representatives of, in the developing world, 365–366 102 330 little past attention to in South Africa, 365 immovable heritage, 390 indigenous and traditional communities, methodologies applied to research on, 365 immovable objects, 68. See also cultural property 475–476 ILAAD (Institute for Latin American Art immunity from seizure, constraints on, 381 indigenous arts and crafts sector in South Africa, Documentation), 109, 112 impact auditing, 267 364

Index 535

indigenous communities, 434 joint curation of collections with, 414 innocent owner defense, 162, 163 contractual arrangements protecting museum repositories documenting intangible innovation traditional knowledge, 355 cultural heritage of, 413 defined as, 340 digitizing contemporary cultural information no universally accepted definition of, 15 encouraging, 342 from, 417 organisations, 357–361 incentives for, 341 disputes with industry, 475 protecting or developing traditional of western trained scientists, 367 identifying those involved in a dispute, 478 knowledge, 9 WIPO objectives related to, 344 involvement in heritage management, 212 right to cultural integrity, 129 insignia, 333 protocols articulated by, 417 right to participate in cultural life still Inslee, Rep. Jay, 236 recognition of, 476 evolving, 414 instantaneous acquisitive effect, 68 indigenous crafts in South Africa, 365 right to participate in international Institute for Anthropology and History in indigenous cultural and intellectual property. See lawmaking, 15 Guatemala, 94, 95, 98 ICIP management right to practice and revitalise their cultural Institute for Latin American Art Documentation. Indigenous Cultural and Intellectual Property, traditions and customs, 128 See ILAAD 357 right to the preservation and free development Institute of Archaeology and Ethnography in indigenous cultural heritage, protection of, 131 of their culture, 129 Azerbaijan, 251 indigenous cultures right to traditional knowledge and health Institute of Fine Arts in Mexico, 422 defining, 429 practices, 15 Institute of International Law, 73 not wiped in Guatemala, 97 rights, 125, 344 Institute of International Law 1991 Basel uncomfortable with the idea of “ownership,” of the Sierra, 26 Resolution, 70, 77 354 social, economic and cultural rights of, 127 Institute of Social and Ethical Accountability Indigenous Digital Library. See IDL trying to subdivide the heritage of, 352 (ISEA), 275 indigenous groups usually seeing heritage as a communal and institutional mediation, 478, 480 accessing the World Wide Web, 416 interconnected right, 15 institutionalism of Latin American colonial art, cultural heritage claims are made by, 6 World Bank directive on, 269 110 describing their “Law of Origin,” 21 World Bank environment assessment insurers difficulty in asserting property claims because requirements including special subrogation rights assumed by, 295 collective rights in cultural property are procedures for, 269 of the vessel’s hull and machinery, 301 not recognized, 8 World Bank policy on, 15, 248 intangible cultural heritage reclaiming archaeological parks for cultivation world view of, 7 defining, 13, 419 in Guatemala, 98 Indigenous Peoples caucus, 356 protection, 130 indigenous intervention, 356 Indigenous Peoples Earth Charter, 127 intangible cultural values, 201 indigenous knowledge Indigenous peoples intervention, 362 intangible culture, 436 claiming ownership for commercial gain, 9 Indigenous Peoples Rights Act of 1997 (the intangible values, 202 cultural ownership of, 418 Philippines Law), 334 integrated circuit rights, 342 as parallel with Western knowledge, 16 indigenous philosophy, compared to western, 22 integrity right, 334 research on in South Africa, 365 indigenous population, centuries of oppression intellectual products, ownership of, 368 indigenous knowledge systems and indigenous in Guatemala, 97 intellectual property, 10, 329 technologies. See IKS&T indigenous specialists, 126 agreements on access to genetic resources and, indigenous librarians, 418 indigenous strategies, forming cultural heritage, 336 indigenous occupation of Australia, 210 429 classic schema of, 10 indigenous peoples indigenous styles, designers rediscovering, 365 conventions, 331 assessing impacts of oil and gas development indigenous technologies under Costa Rica’s Biodiversity Law, 444 on, 269 based on marginalized and fragile rural forms of, 329 audits as a chance to hold companies practices, 366 forms of protection, 10 accountable, 274 history of needed to plan social and economic laws, 330, 344 of Bolivia, 130–131 research and development programmes, ownership claiming compensation for environmental 364 alternative to, 368 destruction, 274 need to study in South Africa, 364 protection of, 327 consultation with, 268 practised on the basis of traditional in CARICOM countries, 48 contracts for exploration and production with, knowledge, 366 related needs and strategies 277 Indigenous trademark, abandoned by Aveda, articulated by indigenous and traditional cultural genocide of, 128 481 communities, 476 cultural heritage of, 15 Indonesia, contributing to Angkor, 150 rich countries to extracting wealth from poor cultural property claims of, 7 industry countries, 368 cultural resources of, 267 agreeing to cover all fees of a mediation, 480 use of existing mechanisms, 332–333 current interest in the culture of, 15 concerns about WIPO substantive principles, ‘Intellectual Property Needs and Expectations of development plan, 270 346 Traditional Knowledge Holders,’ 330 entitled to full ownership, control and disputes with indigenous/traditional intellectual property rights, 341. See also TRIPS protection of cultural and intellectual communities, 475 Agreement property, 128 interests of, 476–477 adapted, 331 entitled to restitution in respect to as a partner in the process, 347–348 aspects not useful for the protection of dispossessed property, 129 requirements for systems for the protection of traditional knowledge, 355 entitled to the protection of their rights, traditional knowledge, 347 claiming, 476 customs, practices, traditions and rights created in the past 40 or so years, 342 in communally-developed ‘traditional’ language, 130 strategy in South Africa, 364 knowledge systems, 327 as equal in dignity and rights to all other views and concerns regarding the protection of conferring private rights of ownership, 8 peoples, 128 traditional knowledge, 346–348 convening traditional knowledge from evidentiary burdens in establishing title and information, defined as, 340 developing countries, 342 provenance, 8 infrastructure services in the poorest countries, different systems concerned with, 367 expressing collective gratitude to the 245 exclusive, 476 indigenous peoples of Brazil, 127 Initiative for Consitutional Reform on Indian existing at odds with indigenous cultures, extermination of, 22 Rights and Culture (1998), 129 367 in the international context, 341 innocence of an owner, not a valid defence, 163 identifying potential obstacles from, 346

536 Index

intellectual property rights (cont.) International Bar Association (IBA) international exploitation of museum assets, 49 inadequacies of the current system to protect Annual Meeting in Auckland, New Zealand International Finance Corporation (IFC), 247 Maori TK, 360 (2004), 71 categorisation process of, 270 as incentives to innovation and creativity, 342 Committees on Art, Cultural Institutions and standards and guidelines relating to cultural individualistic notions of, 344 Heritage Law and the Committee on resource conservation, 243 limitations on the term of protection in, 344 Arbitration and Alternative Dispute tourism projects funded by, 247 limited duration of, 355 Resolution, 463 International Foundation for Art Research. See management in field recordings, 330 “international” case, 71 IFAR not adequate to protecting TK in its widest International Centre for the Settlement of international guidelines context, 355 Investment Disputes. See ICSID possibly leading to a race to the top, 278 obtaining, 342 International Centre for the Study of the raising the standard expected of oil companies, replaced former “monopoly” rights, 342 ICCROM (International Centre for the 277 role in developing countries, 366–368 Study of the Preservation and Restriction relying on voluntary possibly leading to a race standards of Cultural Property) to the bottom, 278 actual and practical examples of the use of, International Centre of Insect Physiology and as a useful source for identifying best practice, 332 Ecology, 391 277 as a tool for protecting traditional knowledge, International Chamber of Commerce. See ICC International Guidelines for Museum Object 355 International Charter on Cultural Tourism Information, 66 as tradable goods, 342 (1999), 60 international illicit trade, 74, 75 use by indigenous peoples, 355 International Code of Ethics for antique dealers, International Institute for the Unification of intellectual property systems 50 Private Law, 11 conventional versus alternative sui generis, 331 International Code of Ethics for Dealers in international instruments, 78–79, 134 private rights of ownership created by, 8 Cultural Property (1991), 64 International Labour Organisation. See ILO intentional destruction, meaning of, 3 International Code of Ethics for Dealers in international law, 1 intentionally designed cultural landscapes, 213 Cultural Property (1999), 61 Australian courts and, 208 interactive learning exercises in museums, 390 International Committee for Museum Security, conceptofcommonpropertyin,16 Inter-American Commission on Human rights, 8 67 concept of the common heritage of Interational Society of Ethnobiology’s First international community (hu)mankind, 16 International Congress, 126 act of defiance against, 28 customary interests in mediations between indigenous and lawfully enforcing customary international applicable to Claims Commission, 467 traditional communities and industry, law, 34 binding character of, 34 482 recognition of protection of cultural heritage, felling of the stela as violation of, 468 Intergovernmental Committee for Promoting 37 deliberate destruction of the Buddhas of the Return of Cultural Property, 140, unanimous protest against the destruction of Bamiyan as a violation of, 38 142 the Buddhas, 37 development of, 1 intergovernmental Committee of UNESCO, International Conference on Preservation general norms of customary, 34 welcomed by Cambodia in 2001, 154 (2000), 461 licit or illicit trade depending on, 74 Intergovernmental Committee on Intellectual international contracts private, 72, 73 Property, Genetic Resources, Traditional evaluation of illegality, 82 protection of cultural heritage against Knowledge and Folklore. See IGC negotiations deliberate destruction, 29 Intergovernmental Conference for the cultural factors in, 72 recognition of the equality of States and Safeguarding and Development of the depending on cultural factors, 72 respect for the sovereignty of each State, Historic Site of Angkor (ICC), 155 International Convention on Salvage 1989, 301 316 Intergovernmental Conference on Cultural international conventions reconstruction of relevant customary, 34 Policies for Development (1998), 130 Australia active in ratifying most, 301 relevant rules of for the Claims Commission, intergovernmental organizations. See IGOs in Cambodia, 155 467 interim protection, prior to world heritage definitions of cultural property in, 11 repatriation and, 318–323 listing, 207 in force in Mexico, 116 soft law as a source of, 276 inter-institutional commission in Guatemala, 96 links between, 12 sources of, 1 Interior Department. See U.S. Department of the listing of International Law Commission, 36 Interior protecting traditional knowledge, 354 international legal framework for controlling intermediary at the door between the material ratified by Cambodia, 153 traffic in illegally exported or stolen and non-material, 23 ratifying, 49 cultural property, 4 internal state waters, preservation of historic un-ratified or inapplicable, 80 international legal landscape, cultural property shipwrecks and maritime relics in, 304 International Coordinating Committee for the and, 11–13 international, defining, 72 Safeguarding and Development of the international legislation, dependency on for the international art law. See art law Historic Site of Angkor. See ICC transfer of cultural property, 380 international art market. See art market (International Coordinating Committee international mandatory rules, 70, 82–84 international art object registries, not treated as for the Safeguarding and Development of international market, dissuading potential buyers ordinary personal property, 176 the Historic Site of Angkor) on, 153–154 international art trade International Council of African Museums international media campaigns, 153 knowledge of both private and public (AFRICOM), 388 international movement of works of art, CPIA international law desirable for, 73 International Council of Chemical Associations. and, 160–163 private law aspects of, 74 See ICCA International Network on Sacred Natural Sites Switzerland as a hub, 91 International Council of Museums. See ICOM for Biodiversity Conservation, 202 United States perspective on, 159 International Council on Monuments and Sites. international oil industry. See oil industry International Association of Dealers in Ancient See ICOMOS International Petroleum Industry Environmental Art (IADAA), 64 international customary law. See also customary Conservation Association. See IPIECA code of ethics of, 61 law international possession, 144 members of, 182 evolving principles of, 92 International Property Protection Homepage International Association of Oil and Gas related to cultural property, 75 of the U.S. Department of State, 404 Producers. See OGP International Estate, 210 international public interest International Auditing and Assurance Standards international exchange of archaeological artifacts injury to Board, 275 and cultural property, 41, 42 in the case of the Buddhas of Bamiyan, 35

Index 537

International Register of Cultural Property The Inventory and Catalogue of the Cultural ISEA (Institute of Social and Ethical Under Special Protection, 2 Heritage of the Church: a Necessary and Accountability), 275 international rules Urgent Task (1999), 113 Islam, Taliban edict contrary to, 32 protecting cultural heritage in internal armed Inventory of Movable Archaeological Objects. Islamic Emirate of Afghanistan conflicts, 37 See National Registry for Property Part of established by the Taliban, 29 scope of ad hoc, 81 the National Cultural Heritage recognizing as the legitimate government, 29 “International Sale of Works of Art from the investigation Islamic law Sharia, 29 Angle of the Protection the Cultural involving intrusion, 44 Islamic manuscripts, 38 Heritage,” 77 permits Islamic Revolution, advocated by the Taliban in International Standard on Assurance granted in Peru, 102 Afghanistan, 29 Engagements (ISAE 3000), 275 investment opportunity, antiquities as, 56 Islamic State of Afghanistan, 29 International Standards Organisation. See Involuntary Resettlement, World Bank Islamov, Abbas, 252, 253, 254 ISO Operational Policy 47, 270 ISLANDER, 294, 299 International Standards Section, UNESCO, 68 IP. See intellectual property ISO (International Standards Organization), international symbol, designated by the Hague IPIECA (International Petroleum Industry 272 Convention, 2 Environmental Conservation environmental monitoring promoted by, 273 international terrorism, Taliban’s decision to Association), 269 setting product standards, 266 promote, 30 IPR. See intellectual property rights standardising environmental auditing, 274 international tourism. See also tourism Iranian silver collection, at the Miho Museum, Technical Committee to develop a guidance compared to domestic tourism in Cambodia, 54 document for social responsibility, 275 152 Iraq ISO 14000 series standards international transactions, 71–72 All-Party Parliamentary Group on for environmental management, 272 international treaties, concerning the protection Archaeology, 1 limitations regarding, 273 of cultural property, 104 antiquities black market in, 58 Italian export control regulation, 192 International Treaty on Plant Genetic Resources, antiquities from Italian law, private ownership protected, 69 133 illicit traffic in, 3 Italy international treaty-law instruments, granting plundering archaeological sites, 57 Apulian graves destroyed, 65 legal consequences to illicit conduct, protecting the cultural heritage of, 2 archaeological material from, 41 75 specific restrictions on economic and financial archaeological records in International Tribunal for the Law of the Sea relations with, 81 destruction of, 42 (ITLOS), 469 widespread looting of museums and bilateral agreement with the United States, 41 international uniform law, 72 archaeological sites, 2 broader application of the concept of National generally designed to replace private Iraq (United Nations Sanctions) Order 2003, 2, Treasure, 193 international law, 80 81 contributing to temple maintenance and as source of international private law, 78 Iraq (United Nations Sanctions) Order (SI 1519), safeguarding at Angkor, 150 International Women’s Day, Taliban 58 destruction of the archaeological record in, 42 re-instituting the celebration of, 30 Iraq–Iran war, 28 English court applying the law of, 90 internationalist institutions Iraq National Museum exercising its right of pre-emption, 192 museum as, 41 artifacts stolen from, 57 export controls, 42 museums as, 42 items removed from, 80 extensive databases on stolen objects, 66 internationally acceptable norms, interpreting to looting of, 71 Franceschini Commission created in 1964 by, require the lowest level of environmental Iraq wars 105 protection, 278 looting and forced transfer of cultural objects, nationalist in cultural policy, 42 Interorganisational Committee on Guidelines 28 negotiations underway on agreements with and Principles for Social Impact UN Resolutions generated by, 80 Guatemala, 96 Assessment, 268 Iraqi antiquities, thriving black market in, 58 regional cultural meetings in, 461 Interpol Iraqi cultural heritage return of the Obelisk of Axum to Ethiopia, 5 collaboration of Caribbean countries with, constantly updated website on, 2 tax regime in, 461 50 core legal problem related to the devastation use of diplomacy for the re-patriation of co-operation with, 141 of, 38 cultural patrimony, 92 estimates on illicit antiquities trade, 54 destruction by rampant looting of, 2 IUCN (World Conservation Union), interdisciplinary conferences on the illicit Iraqi cultural property guidelines for oil production, 266 traffic in cultural property, 3 illegally removing, 81 for natural heritage, 214 office opened in Phnom Phenh, 153 object is presumed guilty, 2 Regional Office for Mesoamerica resources for the retrieval of cultural property, prohibiting the import or export of illegally (IUCN-ORMA), 440 67 removed, 2 website, 237 standardised forms for documenting stolen qualifying illegally removed, 81 IUU (illegal, unreported, unregulated) fishing, objects, 66 Regulation 1210 prohibiting import of or 291 supporting the process to combat illicit traffic export of or dealing in, 81 ivory pendant mask, loaning of, 137 in cultural property, 134 returning to Iraqi institutions, 80 inventory. See also photographic inventories two complementary ad hoc international J. Paul Getty Museum of cultural property in African states, 140 (UN) and European (EU) instruments Fleischman collection acquired by, 56 of the most endangered African cultural for the protection of, 81 no unpublished antiquities accepted, 405 objects, 142 without verifiable proof as breach of the law, 58 policy requiring the Getty to acquire only of movable and immovable cultural property Iraqi forces collections documented (published) kept by the National Institute of Culture in had taken up positions in National Museum’s prior to 1995, 405 Peru, 101 grounds, 58 J. Paul Getty Trust. See Getty Foundation of movable cultural property use of the museum as a military position, 39 jade artifacts from Guatemala, 95 kept by the National Institute of Culture in Iraqi National Library, arson of, 38 jade mask, looted from a royal tomb on the Rio Peru, 101 Iraqi National Museum Azul archaeological site, 94 of the objects at Angkor, 154 arrival of U.S. forces, 39 Jafari, Jafar, 421, 423 policy in Cambodia, 153 case of looting, 38 Jam, Minaret and Archaeological Remains of, 32 system devastation of, 38 James Craig, rescue of the wreck of, 307 establishing, 65–66 irresponsible trading, targeting, 182 Janke, Terri, 8

538 Index

Japan Kbal Spean Koh Ker, 155 artworks stolen from a collector domiciled in extensive mutilation of, 155 Konare,´ Alpha Oumar, 388 England, 90 placed within the jurisdiction of the APSARA being open to traditional knowledge, 391 as cochair of the Angkor ICC, 149 Authority, 155 objects tied to human and social context, 390 funding several major work sites at Angkor, Kennedy, Prof. David, 257 Kordic, Dario, 36 150 Kennewick man, 6 Kotler, Neil, 419 narrowly drawn export restrictions, 89 determined not to be “Native American” Kulturstiftung der Lander [Cultural Foundation Jardin a` Auvers, Van Gogh painting export under NAGPRA, 7 of the Federal States], 190 license refused for, 192 determined to be “Native American,” 6 Kuna Yala territory, 334 Jegede, Dele, 143 not related to any particular identifiable group Kunstsammlung zu Weimer v. Elicofon, 169 Jensen, Bo Hammer, 17 or culture, 7 Kuntur Wasi site, 60 Jensen, Myriam, 421 Kenya, 143, 390 Kupe, 416 jetsam, 302 Kertesz, Imre, 185 Kuppers,¨ Sophie, 186 Jewish auction houses, 185 Khanty Mansi Autonomous Okrug (KMAO), 270 Kura Hulanda Museum, 422 Jewish ownership, sale of art works deemed to be Khmer antiquities, intercepted by the Thai Kyoto Protocol, 472 of, 185 government, 65 Jewish property Khmer artifacts La Ciudad Perdida (the Lost City), 431, 433 restitution of formerly, 186 collecting, 90 “La Marquesa de Santa Cruz,” Goya oil painting world reactions to, 189 prevention of trafficking in, 154 illicitly exported from Spain, 77 JFAR Cuzco inventory, 111 reducing the international demand for, 153 labels, moving beyond, 17 jima (harvest), 217 Khmer peoples, Angkor as the first and foremost laches defense, 172–173 Jivaros, unique cultural heritage of, 148 application of, 172 John Bulun Bulun v R and T Textiles, 8 Khmer sculptures, world fair on in Paris, defendants prevailing on, 173 John H. Chafee Blackstone River Valley National Washington, Tokyo and Osaka, 155 laches doctrine, 403 Heritage Corridor, 223 ki’i la’au as a utilitarian or decorative object, 7 Lackawanna Valley National Heritage Area, authorizing legislation, 224 Kimberling, Judith, 278 222 federal commission as the management entity, King, Michael, 353 ladinos in Guatemala, 97 222 The King of Italy and The Italian Government v. LaFranche, Ambassador, 28 Johnston, Senator J. Bennett, 225 Marquis Cosimo de Merdici Tornaquinci lagan, 302 Joint Corporate Reporting Task Force, 275 and Christie, Manson and Woods, 317 Lagat, Kiprop, 17 joint plaintiffs, bordering countries cooperating King of Italy v Marquis Cosimo de Medici Laird, Sarah A., in recovery efforts as, 401 Tornaquinci, 146 Lake Lanoux case (France v. Spain), 286 joint purchases by museums, 380 Kingdom of Spain v. Christie’s, 77 land management decisions, World Heritage Jones, Evan, 314 Klimt, Gustav, artworks by, 174 Convention and, 236 Jones, Randy, 221 Klimt paintings, return of, 463 land transfer tax deductions for property Jos Museum Kluger,¨ Ruth, 185 classified as being of historical interest in Nigeria’s first museum opened in 1952, KMAO (Khanty Mansi Autonomous Okrug), 270 Costa Rica, 452 139 know how land use, regulation through police power, 234 theft of nine objects from (1987), 141 defined as, 340 Landcare program in Australia, 213 Juarez,´ President, supported the National ownership of, 341 landmark themes and sub-themes, required in Museum (Mexico), 394 knower, cannot be separated from the known, the World Heritage nomination form, judicial independence, absence of a tradition of, 363 235 277 Know-how License Agreement of the ICBG– landmines, contamination of the Afghan judicial interpretation of the World Heritage Peru project, territory with, 29 Convention by Australian courts, knowledge landowners, tearing up archaeological sites with 206 compared to traditional knowledge, 340 tractors and heavy machinery, 94 judicially created doctrines, limiting copyright as defined in the Biodiversity Law of Costa Landsberg, Robert and Carlota, 174 monopoly, 10 Rica, 442 landscapes jurisdiction rules, varying from jurisdiction to defining, 340 in Australia, 210 jurisdiction, 72 disclosed in a patent application not owned by Australian heritage dominated by, 210 jurisdictional waters, protection of heritage in, the owner of the patent, 341 cultural values in, 213 311 as empirical, 340 valuation and management of large living, jus gentium, marine salvage as part of, 294 generation of, 340 220 having some monetary value in IPR, 366 language Kabul Museum. See National Museum of opinions about the monetary value given to, as an important contributor to Indigenous Afghanistan 368 cultural identity, 353 kaitiakitanga, 354 ownership of, 342 inconsistency in definition as a function of, 14 Kakadu, entering on the World Heritage List, as practically oriented, 364 Larson, Peter, 10 211 as the product of individual creativity, 365 late finds. See chance finds Kaminaljuyu, ancient city of, 99 role within developing countries, 363 Latin America Kanakaria Church in Cyprus, 76 understanding of, 363 churches systematically looted, 65 Kanakaria mosaic, 93 knowledge bases World Heritage Sites in, 421 Kandinsky, Wassily, Composition No. 10 (1910), documentation of, 366 Latin American colonial art, 110 186 no reliable, regarding antiquities in law Kann, Alphonse, 173 CARICOM countries, 50 books containing, 26 Kari-Oca Declaration, 127 knowledge holders, equitable compensation and humans and society existing to serve, 26 Karzai, H., 32 recognition of, 350 of Se,´ 22 Kata Tjuta, 213 knowledge registry for indigenous peoples in Sentura Gwiawimundua as, 25 kaumatua of Ngati Kahungunu, defining Bolivia, 131 strict application of existing can achieve traditional knowledge, 352 knowledge systems with related indigenous greatest injustice, 190 Kava-kava, safety concerns over the use of, artefacts, 367 testing of 371 Kogi, 15, 21 in court, 313 Kaya Elder, 391 deconstructing words, 25 law and custom of the Ganalbingu people giving Kazakhstan, 333 Kogi Mamas, 21 rise to a fiduciary relationship, 9

Index 539

Law for the Protection of the Cultural Heritage of to bring meaningful collections of a nation’s Leyes de las Indias, 114 the Nation, in Guatemala, 96 dispersed cultural property together, 380 liability issues, hearings on held by the Claims Law No. 6634 (1929) (Peru), establishing that for Cambodian protection of cultural heritage Commission, 466 cultural objects belonged to the state, 100 legal instruments Liao Dynasty law of 1 August 2003 on patronage (le mecenat inconsistency of definition in the various, 14 licences, under the Biodiversity Law of Costa achevent) in France, 197 pertaining to cultural heritage in Spain Rica, 444 law of 4 January 2002, dealing with the museums legal meanings of equivalent terms for cultural “licit” and “illicit” international trade, of France, 197 property in different languages, 14 redefining, 74 law of 10 July 2000 legal personality, restriction in English law, 92 licit antiquities, 53 dividing cultural goods into three groups, 197 legal predictability licit trade, favoring in international transactions, pertaining to the protection of national contributing to, 84–85 71–72 treasures in France, 197 favoring in international transactions, 71–72 Lieber Code (1863) of the US Federal Army, 57 law of 2000 (France), protecting the collection as increase of, 72 Liechtenstein, Directive 93/7/EEC implemented an entity, 197 legal protection, accompanying with physical by, 191 law of contract, selecting properly, 76 protection, 153 life law of finds, 293. See also salvage and finds Legal Protection of Traditional Culture and coming in and out of the material world, 23 application of, 294–295 Folklore in Bolivia, 130 expectancy in Afghanistan, 30 elimination of the undesirable effects of, 289 legal regime voluntarily saving at sea, 293 incorporated into Australian common law, applicable territorially (lex situs), 12 Limitation Convention (1976), 302 301 applicable to movable property, 68–69 limitation defence in the UK, 178 in the maritime context, 305 Legal Regime for the Tiahuanacu Ruins, Ruins on limitation periods in the UK’s domestic law, none under UCH, 305 the Lake Titicaca Islands and Ruins from 180 offshore wrecks versus onshore wrecks, 302 the Inca and Preceding Ages (1906), 124 limitations period for cultural property, 91 owning shipwrecks, 288 legal sense, risks in, 71 Limon,´ master plan for the historic centre of, supplementing the law of marine salvage, 295 legal specific protection regimes, 70 453 law of salvage. See salvage law legal specificity, 69 lineal descendents, identifying, 8 LawofSe,´ 15 adding to cultural specificity, 69 link, recognizing between the spiritual and the Law of the Sea adding to the cultural specificity of given material, 8 aspects of the UCH, 308 object, 68 lipid residues, 52 issues, 308 determined by national authorities, 84 Lissitzky, El, 186 law of theft in the UK, 178 ensuring to cultural property, 12 Lissitzky/Beyeler, 186 Law on Bolivian Cultural Heritage, 132 granting a more protective and less List of Designated Archaeological Material from Law on protection of cultural heritage in commerce-oriented, 69 Guatemala, 96 Cambodia, 155 granting to works of art and cultural property, List of World Heritage in Danger Law on the Conservation of Historical and 70 placing properties on Artistic Monuments and Areas of Natural international situations of, 70 placing Yellowstone National Park on, 236 Beauty (1914), 114 ofworksofart,68 litigation Law on the Conservation of Historical or Artistic legal unpredictability, reducing, 72 difficult in national courts, 485 Monuments, Buildings, Churches and legal vacuum financial implications for the NMC, 316 Objects (1916) (Mexico), 115 in the Areas, 306 in foreign courts, 139 Law on the Protection and Conservation of in UNCLOS for items on the continental shelf massively expensive in foreign courts, 139 Archaeological Monuments, Typical or in the exclusive economic zone, 287 not a practical proposition for most African Historic Towns and Areas of Natural legislation countries, 142 Beauty (1934) (Mexico), 115 on cultural heritage, 423 Littmann, Dr. Ismar, 186 Law on the Protection and Conservation of Sites current in Peru, 102 living cultural heritage. See intangible cultural of Natural Beauty (1930) (Mexico), 115, legislative extraterritoriality, widespread rejection heritage 395 or reluctance by foreign courts of, 139 living marine resources, 292 Law on the Protection of Cultural Heritage legitimate antiquities, 53 living things in the material world, 22 (1996) (Cambodia), 149, 153 and market commercialization, 62 living world, mirrored in an underworld, 26 lawful importation, not prevented by illegal supply of, 61 Lloyds of London, 295 exportation, 165 LEGO, 359 loan policies, Italian, 42 laws using Maori and Polynesian words and names lobbyists, museums functioning as, 51 interpretations of, 313 foranewrangeoftoys,481 Local and Indigenous Knowledge Systems in a of right behavior, 24 using Maori names on ‘bionicle’ toys, 356 Global Society (LINKS), 202 special set protecting the historic centre of leisure and consumer society, era of, 419 local communities Havana, 240–241 Lenzerini, Federico, 3 including in the archaeological process, 59 Laws of Oleron, 293, 295 Leopold, Rudolf, 189 as participants in illicit antiquities trade, 64 Laws of the Native Americans, 114 Letter of Understanding between the United role of museums in, 423 lawyers convention, UNIDROIT as, 12 States and Bolivia (2001), 132 local control of national heritage areas, 220 Le Code du Patrimoine, 197 Letters Rogatory Request from Italy, 164 local governments Lebanon Lewis, Dr. Walter, having the “teeth” to protect heritage Cedar Forest of, 202 lex fori favouritism, 84 properties in the U.S., 234 demanding the return of the Sevso Treasure, lex generalis, 77 sharing archaeological finds with excavating 170 lex loci rule, modified under Indiana law, 169 parties, 43 legal certainty, required by industry, 476 lex originis local heritage legal characterizations as applicable law, 77 in Australia, 212 of conduct related to objects, 74 gaining international effects, 77 balancing protection of with desired “licit” and “illicit” as, 74 same legal system as lex situs, 78 development, 423 legal claims to ‘ownership’ over resources, 354 lex rei sitae, determining applicable statue of local initiatives, protecting traditional legal definition of “art” and “culture,” 73 limitations, 187 knowledge, 355 legal effects of domestic characterizations, 75 lex situs local monuments status in Cuba, 240 legal environmental standards, 273 applying the law of, 90 local museums in Mexico, 396 legal form of protection, 349 applying to ownership issues, 80 logging, preventing in Nicaragua by a Korean legal framework of the place of acquisition, 77 company, 8

540 Index

London protection of the Convention on Cultural identity Interpol Unit, 319 Property Implementation Act, 141 added value of, 359 market for Iraqi antiquities, 58 Mamas (priests), 21 Lego discussions on the development of an returned Cook letter to New Zealand, 147 communicating with Se,´ 24 international self-regulating code of London Nataraj, 92 concept of a dialogue with Se,´ 23 conduct, 481 looted antiquities, profits from the sale of, 57 as the intermediary, 23 names looted art, resolution of claims related to, 474 placing a great emphasis on thinking, 23 German company registering a trademark looted “cultural goods,” problem of, 3 summoned to confession by, 24 over, 360 looted material, practicalities and ethics of Man and the Biosphere (MAB) workshop, 202 objects working with, 59 management entities of heritage areas, 221, 223 blessing installation in the British Museum, looters Management Master Plan for Angkor, 151 383 allowing to fulfill “orders” placed by rich US The Management of Cultural Property in World rights to indigenous flora and fauna, 358 collectors, 58 Bank Assisted Projects: Archaeological, symbolism not prevented from destroying treasures in the Historical, Religious and Natural Unique use of by Telecom, Air NZ and Adidas, 359 Baghdad Museum, 39 Sites. See Bank Paper traditional knowledge (TK) looting management of rights, WIPO draft provisions adding value to commercial products and of archaeological sites, 3 regarding, 338 services, 352 of Chinese cultural history management plan for a national heritage area, of plants and medicines, 358 containing in Cambodia, 152–153 221 working to find a cure for a form of gastric of cultural heritage “Managing Cultural Properties in cancer, 355 scale of, 398 Bank-Financed Projects,” 246 world, 358 direct and material incentive for mandatory rules, 72. See also overriding rules marae (traditional meeting house), 353 testing of, 405 See also overriding rules margin of appreciation, 207 failure to prevent in Iraq, 38 from a conflict of laws perspective, 82 marginalization process, 447 in Guatemala, 95 as a growing potential source of international marine environment, Maori rights and interests invitation to, 287–288 art law in, 354 networks in Guatemala, 95 international, 82–84 marine fishery reserve, first in the ramifications of, 3 operating as limitations to the freedom of Commonwealth Caribbean, 436 as a social phenomenon in Guatemala, 95 contract, 82 marine replenishment areas in the Florida Keys, during wartime, 57, 58 ordinary, 82 436 Louvre, encyclopedic approach of, 379 of other jurisdictions as mere fact, 82 marine resources section of the Centre for lowlands, encompassing parts of Mexico and Maniaopoto, Moana, 360 Biodiversity (NYK), 391 Belize as well as Guatemala, 53 mankind as a whole, benefit of, 286 marine salvage, goal of civilized nations to Lujan, Interior Secretary Manuel, 236 Mankonde mask, 140 encourage, 294 LUSITANIA, 297 “Manual of Preventive Archaeology,” 123 Maritime and Ports Directorate in Colombia, decaying and wasting away, 298 manumission, allowed by French and Spanish 120 wreck of, 284 legal traditions, 224 Maritime Archaeology Program in New South lychee farmer, killing flying foxes outside the Web manuscripts, 394 Wales (Australia), 304 Tropics World Heritge Area, 208 representing an important source of maritime law information on Mexico’s indigenous emphasizing the recovery of property lost at Maasai Elders with Morans, 392 cultures, 394 sea, 293 MAC. See Museums Association of the Caribbean return to Iceland fully completed in 1997 of nations (jus gentium), 293 Maca plant, 481 division of, 5 maritime lien for the benefit of the salvor, 294 MacAvity, John, 421 thousands of Islamic ancient, 38 Maritime Zones Act (South Africa), 316, 318 MacGregor, Neil, 5, 17, 42 with World Heritage Status, 396 mark. See trademark Machaquila archaeological site, 165 Maori Advisory Group, 356 market nations, 3, 14, 89 Macua, Juan Ignacio, 97 Maori Arts Board of Creative New Zealand, 333 implementing Resolution 1483, 2 Madagascar, 390 Maori Land Court Minute Books of evidence, market States, 317 Magdala, loot from Ethiopia’s old capital of, 417 reluctance to become a Party to the 137 MaoriMadeMark,333, 360 UNIDROIT Convention, 321 Magdala Treasures, repatriation to Ethiopia, 5 Maori Made Mark, “Toi Iho,” 355 United Kingdom as, 319 Magnolia Plantation, 225 Maori warrior, proper burial for, 147 marketing programs for museums, 419 Magnusson, Arni, 4 Maori(s) marketplace of ideas, 367 Magpie Geese and Water lilies at the Waterhole advocacy and education by, 355 Marquess of Northampton Settlement, 170 altered and copied by a textile company, 8 artists Mars statue from Zeugma, 258 depicting knowledge concerning obligations to acknowledge provenance, 353 marsupials in Australia, 210 Djulibinyamurr, 8 artworks MARY ROSE British warship, 297 Mahogany Ship in Victoria, 307 rapidly growing in popularity worldwide, Marzotto, Paolo, 462 Mainella, National Park Service Director, 227 353 masculine, conjunction with feminine, 26 maize, land in the area of Tikal used to grow, 98 carving Mashelkar, Dr. R.A., 366, 367 major federal action under NEPA, 262 illicit exportation of, 77 Mason, Sir Anthony, 207 “mala fide” acquirer, 187 certification trademark of, 339 mass claims processes, 470 Malagana, massive tomb-looting episode, 122 contractual agreements by, 355 mass production, coupled with mass marketing, male sexual emission, 23 copyright protection for, 355 365 Mali cultural items mass tourism. See also tourism agreement with United States, 60 attracting international interest and cultural tourism different from, 420 great effort to win over the general public to demand, 145 demands of, 202 halt looting, 60 culture saying No to at Angkor, 151 looted archaeological sites, 54 commercial interest in, 359–361 Masters degree programme for Heritage Studies, museum set up to deal with the issue of promoting to an international audience, 360 50 women, 390 genealogical interconnectedness and, 352 Mataatua Declaration (1993), 127, 357, 418 one of the world’s five poorest countries but heritage matauranga Maori with archaeological riches, 142 protecting in New Zealand, 352 adding value to commercial products and pillaging of terracotta statuettes from, 139 protection of, 352 services, 352

Index 541

defining, 352 medicinal use cultural heritage preservation in, 117 importance of and relevance to western within the EU, 373 legislative coordination of, 117 science, 358 of plants, 346, 355 role of federal government in, 117 seeking the protection of, 358 medicines cultural heritage protection in material culture many herbal ingredients prohibited or historical development of, 394–395 in Africa, 387 restricted in, 371 cultural property as new classification in, creating a coherent society, 387 Maori traditional knowledge of, 358 117 of a people, 387 patenting traditional, 9 cultural property illegally exported from, material existence, dependent on cosmic Medicines Act (UK), herbal medicines exempted 130 intelligence, 22 from, 370 cultural property legislation in, 114–118 material sense, risks in, 71 Medicines Control Agency (MCA), 371. See also cultural wealth of, 396 material world MHRA declarations of monuments and areas of compared to the non-material, 23 Mediterranean cultural heritage, 291 natural beauty in, 115 synonymous with the present, 25 megaprojects, proposed for the Sierra Nevada, Department of Artistic, Archaeological and Matsuura, Ambassador, 28 27 Historical Monuments, 395 matter, concept of, 21 Memorandum of Understanding, signed by developments in national legislation after the Mattera, Don, 390 Guatemala and the United States (1997), Revolution, 116 Maui, 416 96 ecological balance preservation in, 116 Mauthner, 175 Menash, Thomas, 469 environmental protection in, 116 Max Perl, 186 Mendiguren, Ibon Areso, 461 ethnological items as cultural property in, Maya Biosphere Reserve, 98 menstruation as a time of danger, 22 115 Maya civilisation, 95, 98 Menzel v. List (1938), 171 Federal Law on Archaeological, Artistic and Mayagna (Sumo) indigenous community merchandise Historical Monuments and Sites (1972), of Awas Tingni v. Nicaragua, 8 imported by means of a false statement, 164 117 land rights of, 8 imported contrary to law, 163, 164 Federal Law on the Cultural Heritage of the Mayan groups, claiming exclusive rights in Merchant Shipping Act section 246(3), 181 Nation, 115–116 Guatemala, 97 Merck & Co., Inc., flora and fauna as cultural property in, 115 Mayan material from Peten,´ 53 MERCOSUR, country members of, 134, 135 historical development of the protection of Mayan scholars, debate over the value of Mercouri, Melina, 4, 384 cultural heritage, 394–395 studying and teaching from mercury, toxic levels in some TCMs, 372 illicit exportation from, 130 unprovenienced objects, 43 Merrett, Stephen R., 296 Indicative List of sites proposed for Mayan sites in Belize, damaged by looters, 54 Merryman, John Henry, 92 inscription in the World Heritage List, Mayas, 97, 434 paradigm prepared by, 15 216 McClain case, 164, 165–166 public interest in cultural property, 92 Initiative for Consitutional Reform on Indian McClain doctrine reasons to care about art and cultural Rights and Culture (1998), 129 prior precedent established by, 160 property, 14–15 international conventions in force, 116 proving the three prongs of, 167 redefining “licit” and “illicit” international Law on the Conservation of Historical and McDonald Institute for Archaeological Research, trade in cultural objects, 74 Artistic Monuments and Areas of Natural 66 Mesoamerica, lands of, 97 Beauty (1914), 114 McGowan, Robert, 358 Mesolithic Period (12000–8000 B.C.), 251 Law on the Conservation of Historical or MDGs (Millennium Development Goals), mestizaje, process of, 218 Artistic Monuments, Buildings, Churches 245 mestizos in Guatemala, 97 and Objects (1916), 115 Means of Prohibiting and Preventing the Illicit metaphorical language of the Mamas, 24 Law on the Protection and Conservation of Import, Export and Transfer of metl (wild agave), 217 Monuments and Areas of Natural Beauty Ownership of Cultural Property. See 1970 Metropolitan Museum (1930), 115 UNESCO Convention head of the Brahmanic god Shiva, 66 legislative proposals for, 118 mediation, 477, 478 holding the companion piece to the Benin monument sites in allowing solutions not unavailable in court ivory mask, 143 regulation of commercial activities at, 117 litigation, 477 restoring to Cambodia a piece stolen in the museum attendance in, 422 characteristics of, 477–478 Conservation of Angkor, 155 only one case of research by a foreign compared to arbitration, 463 metropolitan museums in Mexico, 396 institution concluding with restoration of costs of, 479, 480 mexcalli, 217 the site in question, 59 difficulty of obtaining the consent of the Mexican people, preserving the pictorial regulations designed to prevent the looting of parties, 463 memories of, 396 national historical monuments, 114 between indigenous and traditional Mexico signed with Bolivia a General Collaboration communities and industry, 482 Antiquities Board, 394 Agreement on Archaeological, institutional, 480 Archaeological Council, 396 Anthropological, Cultural Heritage as a non-binding process controlled by the archaeological heritage of, 394 Protection and Conservation Issues parties, 477 archaeological monuments in, 117 (1998), 130 as an option for resolving disputes concerning definition of, 115, 116, 117 tourist industry second only to the oil traditional knowledge, 475–480 as government property, 395 industry, 420 raising potential parties’ awareness of, 475 archaeological property in Meyer, Karl, 94 for the resolution of art and cultural heritage illicit exportation of, 130 mezcal. See mexcalli disputes, 464 archaeological sites in, 396 mezcal axul (blue mezcal), 217 unilaterally pledging to resolve certain types of areas of natural beauty in mezcal wine, 217 disputes through, 480 conservation of, 116 MHRA (Medicines and Healthcare products various ways to conduct, 478 as cultural property, 115 Regulatory Agency), 371 mediators definition of, 116 Microsoft, 359 determining the number of, 478 artistic monuments in migratory species in the territory of the Andean expertise and skill of, 479 definition of, 117 Community, 129 facilitating negotiations between parties, protection of, 116 Miho Museum, 54–55 477 community museums in, 396, 424 military increasing the number of, 479 constitutional reforms in, forces obliged not to destroy or expropriate medicinal plant knowledge. See plants cultural heritage of, 115 items of cultural heritage, 57

542 Index

military (cont.) Model Provisions, 1982, 335 mosaics, recorded and conserved at Zeugma, preventing intentional destruction of cultural exclusive property rights in, 334 258 heritage during occupation, 38 moral rights protection in, 335 mosto, extracting, 217 responsibility for devastation according to unfair competition approach in, 335 Mother, aluna, 25 international law, 38 Model Provisions for National Laws on the movable cultural property, acquired in violation Millennium Development Goals. See MDGs Protection of Expressions of Folklore of criminal law in Peru, 103 Milpurrurru v. Indofurn Pty Ltd (1995), 332 Against Illicit Exploitation and Other Movable Cultural Property Program (MCPP) in mind, inside nature, 22 Prejudicial Actions (1982), 132, 331 Canada, 91 Mine Action Programme for Afghanistan, 29 moko, unauthorised use by TechnoMarine, 360 movable heritage, 123, 390 minerals, taking out of the ground, 260 mola, interest in the registration of, 334 movable property, 68 miners on Fraser Island, 211 Moller,¨ Ferdinand, 186 articulation of, 12 minimum value, criterion for EU cultural goods, MoMA. See Museum of Modern Art circulation of, 76 191 Mona campus, of the University of West Indies expropriation by the government, 120 mining activity, close to Yellowstone National UWI, 50 legal regime applicable to, 68–69 Park, 236 monetary compensation as the remedy before regimes favoring circulation of, 68 Mining and Environment Guidelines, 265 the Claims Commission, 466 MOX Plant Case (Ireland-United Kingdom), 469 mining industry monetary reward, salvor entitled to, 301 MOX Plant Rules of Procedure, 469 embracing the concept of sustainable monetary value of pre-Colombian archaeological Moynihan, Senator Daniel Patrick, 161 development, 260 artifacts and Colonial-era objects, 122 Mt. Emei and Leshan Giant Buddha in China, 33 impact of cultural resources laws on the U.S., Money Generation Model (MGM), 227, 228 Mu Tong, pin yin name applied to a range of 260–263 MONITOR, salvage operation to recover alternative herbal ingredients, 371 introduction to, 260 portions of, 297 Mukasey, Judge, 168 regulation of, 260 monitoring Mullah (village-level religious leader), 29 subject to general environmental laws, 260 of development activities, 267 Muller¨ (Tubingen),¨ Christoph, 189 unique set of laws governing the end of, 260 environmental, 273 multiculturalism Minister for Education and Culture of Austria, monitors, vulnerability to capture, 274 challenges of, 335 174 monopoly of interpretation and representation in Guatemala, 97 Ministry of Culture by curators, 387 society affected and changed by, 419 in Cambodia, 153 monopoly rights, maintained by societies, 342 multi-ethnic heritages, of Limon´ Costa Rica, 453 in Colombia, 122 Montes, Israel, 124 multilateral agreements in Costa Rica, 452 monument conservation at Angkor, 151 under CPUCH, 291 in Turkey, 251 monument guards, training of at Angkor, 152 on the protection of underwater cultural Ministry of Culture and Sport monument zone, buffer zone around, 149 heritage, 310 bureaucracy in, 99 monuments multilateral codification, momentum of, 80 in Guatemala, 94, 95 in Bolivia, 124 multilateral international treaty-law instruments, Law for the Protection of the Cultural Heritage conservation of in Colombia, 123 75 of the Nation drafted under the auspices declared to be government assets in multilateral treaties of, 96 Guatemala, 96 implementing UNCLOS, 292 Ministry of Education and Culture in Bolivia, 125 as defined in the Dealing in Cultural Objects in Peru, 103, 104 Ministry of Public Education and Fine Arts (Offences) Act, 181 multilateral treaty-law level, clarifying the issue (Mexico), defined in the World Heritage Convention, 116 of restitution in armed conflict, 79 394 defining in Mexico, 115 mun, 25 Ministry of Public Education in Mexico, 114, by law versus by declaration, 115 municipal governments in Bolivia, 128 115, 395 maintaining at Angkor, 150 Murray, Kenneth, 138, 143 mini-trials, 478 in Mexico, 114 Muscarella, Oscar, 55 minor antiquities, vase fragments as, 46 need to protect the world’s, 461 Musee Darder de Banyoles in Spain, 137 Mirador Basin in Guatemala, 60 physical protection of Angkor’s, 153 Musee´ Guimet, 43 Miraflores museum in Guatemala, 99 planning for the protection of in Colombia, Museo Archeologico Regionale di Palermo, 46 misappropriation 121 Museo de la Nacion´ in Lima (Peru), 420 acts of, 349 as a ready source of income during wartime, Museo del Prado, 98 broad aspects of, 345 57 Museo Nacional Bruning¨ de la Region,´ 60 general nature of, 349 Monuments and Archaeology Department museology seminars, in Bogota´ Medellin and protection against, 349 (Cambodia), 151 Pasto, 121 providing examples of, 345 Monuments Commission in Mexico, 115 Museu de Historia Natural in Lima, providing protection against, 345 Mora, Jorge, 441 museum acquisition policies and practices, misleading terminologies, complicating the moral aspect of the protection of traditional differing greatly in the United States, 398 identification of overriding rules, 83 knowledge, 342 museum acquisitions, professional practice of, Missouri Botanical Garden in St. Louis, moral claims (droit d’auteur)ofauthors,16 45 misuse, not defined in the WIPO outline, moral code, some laws of Se´ not part of our, 24 Museum Amendment Act 1964, for the recovery 346 moral commitments for State Parties under the preservation and display of historic Mixed Oxide Fuel (MOX) plant, 469 UCH, 311 wrecks, 303 mixed sites moral or ethical aspect of intellectual property museum archaeologists, ties to countries of in Australia, 212 rights, 342 origin, 399 as defined in the World Heritage Convention, moral rights museum collections and exhibitions, bringing 201 approach, 334 the stark reality of the colonial past into Moana, trademarking of, 361 of copyright, 342 contrast with the confidence of a Moche of creators, 329 self-determined future, 48 rich tomb of, 60 Morans, Maasai Elders with, 392 museum community, not speaking with one royal tombs at Sipan,´ 60 Morgan Lewis Sugar Mill, 437 voice about background information unexpected insights into the previously Moriori, 353 required for objects, 399 obscure world of, 60 cultural images of, 354 museum cultural collections as an arena of mock trial, mini trials taking the form of, group slander heaped upon, 353 contention, 413 478 reclaiming the identity of, 353 museum directors, claiming universal status for model mediation contract clauses, 480 mortality, material world realm of, 23 their museums, 380

Index 543

Museum Interactive Programme of the National large NASA (National Aeronautics and Space Museums of Kenya, 389 caring for cultural heritage of others, 387 Administration), hired to recover two Museum of Modern Art (MoMA), ‘Portrait of lobbying and advising governments on commercial satellites, 296 Wally’ on loan from the Leopold approaches to tourism, 51 Natchitoches National Historic Landmark Museum-Privatstiftung in Austria, 167 making joint purchases, 380 District, 225 Museum of the University of Pennsylvania, no as manifestly internationalist institutions, 42 Natchitoches on the Cane River, 224 longer acquires antiquities of unknown minimum standards and policies for, 49 nation. See state pedigree, 54 now recognised as tourist attractions, 421 nation states, 206 museums objects stolen from, 11 National Academy of History (Colombia), 119 acquisition policy guidelines, 55 ownership of collections, 381 National Alliance of Preservation Commissions, in Africa of little significance and benefit to the partnerships between, 380, 381 238 local people, 388 policies and practices in the post-Schultz era National and Local Monuments Law (1977) African as custodians of the continent’s case study, 401 (Cuba), 240 heritage, 390–391 private in Panajachel, Coban´ and Peten,´ 98 National Artistic Heritage and Visual Arts African at the crossroads, 387–388 problems faced by African, 388 Institute (Bolivia), 125 all U.S. looking to the same laws to ensure programs offered as entertainment, 419 National Association of Dealers in Ancient, clean legal title, 399 protecting, 66 Oriental and Primitive Art, 61, 167 as allies of archaeologists, 44 as reflections of human pride and past national authorities. See also states with an archeology focus, 398 achievements, 386 “cultural” property or heritage as distinct from archives of study materials, 413 researching objects thoroughly, 46 “works of art,” 73 art-connoisseurship-based as resources between the local culture and the providing a legal regime for legal specificity, 68 importance of aesthetic value to, 398 tourist, 423 National Banana Association, funding to built-in tension in their collecting, 379 restitution and the role of in the twenty first ICOMOS-Costa Rica, 453 calling for the antiquities market to be made century, 6 National Biodiversity Commission (CONABI), more transparent, 58 role in cultural heritage preservation, 424 442 as community spaces, 390 role in developing heritage policy, 47–51 National Biodiversity Institute. See INBio competing for resources with many other role in illicit antiquities trade, 56 national borders institutions, 387 role of after Bamiyan, 41 cultural property moved across, 90 at a crossroads, 387 role questioned in Africa and the developing joint acquisitions extended beyond, 380 cultural heritage protection and, 424 world, 386 National Campaign Against Illicit Trafficking of current status of, 386 role to play in local communities, 423 Cultural Goods (Colombia), 123 custodians of collective memory, 389 role today in relation to tourism and cultural National Coal Heritage Area, 222 dedicated to preserving the past for the sake of heritage, 419–425 National Commission for Biodiversity the future, 44 role within the wider range of tourist Management, 443 developing charters for, 49 products, 421 National Commission for Museums and development of contemporary, 419 in the service of communities, 388–390 Monuments Act (1979) (Nigeria), 138 divorced from the local communities in Africa, some still acquiring material without National Committee on Sacred Arts (Bolivia), 388 provenance, 54 125 donations from collectors to, 399 standards for personnel, 49 National Conference of State Legislatures, 238 dual role in Africa, 388 stemming from western origins and practice, National Constitution (1991) of Colombia, 122 as the embodiment of the cultures of a people, 386 national courts 386 tourism and, 422 enforcing judgments of, 483 engaging in issues traditionally outside the types of, 386 invoking international guidelines, 276 purview of museums, 388 widening of the meaning of, 419 litigation difficult in, 485 established in CARICOM countries, 47 Museums Association of the Caribbean (MAC), using guidelines as evidence of industry best in Europe and North America, 387 49 practice, 276 expanded definition of, 420 musical expressions, 329 national cultural heritage expanded role of, 388 musical instruments, 329 cultural property as part of, 14 as facilitators of peace and co-existence, legislation, 49 391 Nadarbazeri Palace complex in the Tetritskaro National Directorate of Anthropology (Bolivia), factors disconnecting from the antiquities region, 251 125 trade, 53 NAFTA (North American Free Trade National Directorate of Archaeology and fiduciary responsibility of trustees, 56 Agreement), 263 Anthropology (DINAAR), 129 foreign NAGPRA (Native American Graves Protection national environment significance, 212 cultural heritage in, 4 and Repatriation Act), 6, 261 National Environmental Policy Act. See NEPA as forums for cultural development and allowing Native communities to “define National Estate exchange, 388 themselves and their lifeways,” 7 in Australia, 210 functioning as lobbyists, 51 broadening of, 7 sites, 212 as guardians of spiritual and symbolic circumventing state statutes of limitation, 7 term creating confusion and controversy in heritage, 387 claims for repatriation under, 6 Australia, 210 ICOM definition of, 386 compared to ARPA, 7 National Fine Arts Institute (Bolivia), 125 as the ideal resource for research, 424 creating a presumption in favor of tribal National Gallery of Fine Arts, History and identification service provided by, 58 possession of cultural patrimony, 7 Archaeology (Bolivia), 124 inclusive capacity of, 388 cultural items under, 6 national governments interactive education by, 419 cultural patrimony defined in, 414 making a list of protected cultural property, as internationalist, preservationist providing participation by Native Americans 65 institutions in an age of resurgent and Hawaiians, 413 permission needed from the Colombian, 434 nationalism, 42 repatriation criteria in, 8 national heritage areas involvement in new and complex issues, repatriation of ki’i la’au under, 7 appropriations authorizations, 224 388 supporting claims by lineal descendents, boundaries of, 222 issues raised by the return of sacred or ritual federally recognized Indian tribes, and changes in, 229 objects, 5 Native Hawaiian organizations, 8 community involvement in the designation of, keeping and preserving objects, 44 value standards of, 7 225 lack of in Nigeria naked legal title, held by the United States, 10 critical factors for designating, 221

544 Index

national heritage areas (cont.) National Library of Anthropology and History long-term relationship with national heritage data collection for (Mexico), 396 areas, 227 categories of, 228 National Library of Iraq relationship of heritage areas and other units developing a program for, 227 burning of, 2 of, 224 establishing the boundaries of, 222 items removed from, 80 role in national heritage areas, 220 multiple jurisdictions included, 223 National List of Australian heritage places, 211 role in the management of national heritage national and international context, 220–221 National Monument Act (1927) (Bolivia), 124 areas, 222 as a new conservation strategy, 220–231 National Monuments Act (South Africa), 313 Special Resource Study/Environmental only Congress can remove the designation of, amended to allow shipwrecks to be declared Assessment initiated by, 225 224 national monuments, 315 web site, 221 in the United States, 220 application in a court of the United Kingdom, national parks national heritage, compared to national 316–317 created at Cinque Terre, 202 treasures, 193 could not be relied upon in foreign court, unified strategies with heritage areas, 224 national heritage conservation strategy, 50 317 The National Parks: Index 1999–2001, 224 National Heritage places, managing in Australia, failure to declare illegally excavated cultural national patrimony 212 heritage the property of the State, 321 identifying the existence of, 1 National Heritage Resources Act (2000) (South replaced by the National Heritage Resources preserving in France, 197 Africa), 315 Act, 315 national policy for national heritage areas, National Heritage Resources Act No. 25 of 1999 reticence to enforce contraventions of, 313 226–227 (South Africa), 317 National Monuments Commission (Cuba), National Register of Archaeologists at the national historic heritage, public grants to 240 National Institute of Culture (Peru), 102 owners of properties belonging to, 459 National Monuments Council (NMC) (South National Register of Historic Places, 261 National Historic Landmarks, 227 Africa), 313 National Registry for Property Part of the National Historic Preservation Act of 1966. See asserting ownership on behalf of the State National Cultural Heritage, 102, 103 NHPA President and the nation, 318 national retention policies, 89 national identity, museums of, 379 contended that the State had a legal claim to National School of Anthropology and History national implementation of international law, the Dodington coins, 318 (Mexico), 395, 396 74 culture of disrespect for, 316 National School of Conservation and Restoration National Indian Youth Council v. Andrus, 261 granted a permit to investigate the Dodington (Mexico), 395 National Indigenous Arts Advocacy Association wreck, 314 training of specialists at, 396 (NIAAA), 333 as a toothless dog, 313 National Secretariat for Tourism (Paraguay), National Indigenous Council (Costa Rica), 446 national monuments, old Havana added to the 135 National Inspectorate of Artistic and Historical list of, 240 national significance in the nomination process Monuments (Mexico), 114 National Museum in Jakarta, 64 for the World Heritage Convention, 235 National Institute for Culture (Peru), 422 National Museum, Lagos, 139 National Small Farmers’ Board (Costa Rica), National Institute for Statistics (INEGI) National Museum (Mexico), 394 446 (Mexico), 422 National Museum of Afghanistan, 41, 43 National Stolen Property Act. See NSPA National Institute of Anthropology and History National Museum of Antiquities (Denmark), National System for Biodiversity Management, (Mexico), 115, 116, 394–397, 422 379 442 activities of, 395 National Museum of Archaeology and Ethnology National System for Biodiversity Planning, 442 in charge of 110 museums across Mexico, (Guatemala), 95 National System of Conservation Areas (SINAC), 396 National Museum of Archaeology, History and 442, 445 functions assigned to, 395 Ethnography (Mexico), 394 National System of Photographic Collections legal definition of the main objectives and National Museum of Art (Bolivia), 125 (Mexico), 396 functions of, 395–396 National Museum of Colombia, 121 National Theatre (Costa Rica), 453 public services provided by, 396–397 National Museum of Iraq, 57–58 National Treasure National Institute of Culture (INC) (Peru), 101, National Museum of Kenya, 17 broader application of the concept of by Spain, 112 National Museum of Phnom Penh, 154 Italy, and Portugal, 193 inventing of cultural property, 101 National Museum of Popular Culture (Museo compared to national heritage, 193 local director in Cuzco, 110 Nacional de Culturas Populares) correct interpretation of, 193 public records created by, 106 (Mexico), 420 EU protection of, 191 registering any transfer of cultural property National Museum of Tanzania, 140 extensive interpretation of, 192 with, 101 national museums interpretations of, 192 responsible for the preservation of cultural as custodians of heritage, 390 as more restrictive than “national heritage,” heritage, 102 in Mexico, 396 193 National Institute of Fine Arts (Mexico), 116 National Museums Network (Colombia), 121 objects qualified as, 80 National Institute of Indigenous Studies National Museums of Botswana, 389 potential in France, 197 (Guatemala), 94 National Museums of Kenya (NMK) smuggled out of its country of origin, 90 National Institute of Science, Communication guardianship of old towns, 390 Van Gogh painting designated as, 192 and Information Resources (NISCAIR) largest collection of plant specimens, 391 National Trust for Historic Preservation, 238 (India), 367 popularising science for young people, National Trust hikes (Barbados), 437 National Institute of Science, Technology and 389–390 national trusts Development Studies. See NISTADS national oil and gas legislation, voluntarily as advocates of cultural preservation, 436 national intellectual property audit in Barbados, adopted practices becoming a model for, established in CARICOM countries, 47 49 277 Nationalgalerie Berlin, 187 National Islamic United Front for the Salvation national ownership nationalism, age of resurgent, 42 of Afghanistan, 29 declaration of, 166 nationalist cultural policies national judges, instructed to enforce customary laws enacted by source nations, 89 archaeological objects and excavation sites not international law, 34 National Park Service (NPS) protected by, 43 national laws criteria useful in evaluating proposed national failure of, 44 created after World War II have lapsed, 6 heritage areas, 221 nationalist ideology, history as a tool of, 42 prohibiting export of cultural property, 166 data collection on national heritage areas, nationalistic notion of cultural property, 11 protecting physical cultural resources, 245 227 nations protecting traditional knowledge, 355 Heritage Partnerships, 228 with priority to their cultural heritage, 380

Index 545

Native American nemo dat rule, 90, 178 Niedersachsischen¨ Landesmuseum (Germany), artisans common law systems relying on, 68 186 protected by assuring the authenticity of endorsed by UNIDROIT, 90 Niger (Bura system), looted archaeological sites, Indian artifacts, 331 prevailing, 485 65 burden to prove remains as, 7 Neolithic Period of Chinese history Nigeria requires a cultural relationship, 7 Neotropico´ corporation, 434 Antiquities Act of 1953, 138 Native American Graves Protection and NEPA (National Environmental Policy Act) Antiquities Commission, 138 Repatriation Act. See NAGPRA (1976), 262 bronze heads of Ife, 138 Native American groups, demanding the remains Nepal commentators on the declaration on universal of the Kennewick man, 6 art treasures systematically plundered, 65 museums, 380 Native American lands, studying archaeological demand for religious sculpture from, 55 Commission for Museums and Monuments resources on, 7 loss of more than half of its religious sculpture, (Nigeria), 143 Native Americans 55 export of antiquities from, 138 collection management by, 414 nephropathy, irreversible, 371 listed in the red alert list, 141 world view of, 7 networking, creating partnerships through, National Commission for Museums and Native Hawaiian organizations, 8 392 Monuments Act (1979), 138 native peoples, compensating for knowledge and neutral forum, provided by mediation, 477 Nok terracotta sculpture illegally exported biological resources, 126 neutrality of the mediation process, 479 from, 140 natural beauty, concept of, 202 Neville, Rena, Sotheby’s Worldwide Compliance plunder of Benin, 137 Natural Habitats, World Bank policy on, 248 Director, 163 request for the loan of the Benin ivory mask in natural heritage New South Wales the British Museum (1977), 143 as defined in the World Heritage Convention, Heritage Act governing the protection of request of the loan of an ivory penchant, 116, 201 historic shipwrecks, 304 137 destruction of, 12 shipwrecks in and along the coast of, 304 Nine Tribes of Mataatua, 127 liability for the management of, 151 New York Nineveh, tablets deciphered from, 383 within the meaning of the World Heritage demand and refusal rule, 170–171, 176 Ninth Circuit Court of Appeals, allowing Convention, 208 questions relating to the validity of a transfer archaeologists to study Kennewick man meaning under the World Heritage of personal possession, 172 remains, 7 Convention, 208 statute of limitations on actions for recovery of NISTADS (National Institute of Science, separation of legislation on implying major personal property, 170 Technology and Development Studies), legislative modifications, 116 New York Convention, 483 366 natural heritage areas, legislative framework for, New York law versus German law, 169 NMC. See National Monuments Council 221–224 New York rule, purchaser cannot acquire good NMK. See National Museums of Kenya natural law title from a thief, 169 no take replenishment area, Exuma Cays as, human law as an extension of, 26 New York State Department of Banking 436 notion of, 22 Holocaust Claims Processing Office, Nok terracotta sculpture, illegally exported from understood in a relatively narrow way in 463 Nigeria, 140 Europe and America, 22 New Zealand Noland, Judge, 172 natural properties, World Heritage List criteria aboriginal people. See Maori Nolde, Emil, Buchsbaumgarten (1909), 186 for selection antique dealers licensed in, 146 Nolde’s Buchsbaumgarten, son of the acquirer, natural resources, likening archaeological and antiquities, 145 187 historical objects to, 287 Antiquities Act of 1975, 145 non-binding process, mediation as a, 477 nature artifacts, 145 non-derivative acquisitions, 68 indigenous understanding of, 22 artifacts as property of Crown in, 146 non-disclosure of provenance, 53 laws of, 25 cases relating to cultural heritage, 147 non-disclosure of provenance allowing illegal linking conservation with the preservation of Commisioner of Trade Marks can refusing to antiquities to infiltrate the market, 53 cultural properties register a trademark, 333 nongovernmental organizations. See NGOs linking with culture, 201–202 cultural treasures (taonga) in, 145 nonprofit board members, standard for the duty separation from culture in Australia, 214 current legislation aimed at protecting cultural of care for, 403 nature-culture interactions heritage nonprofit corporations, managing national complexity of, 203 Department for Courts heritage areas, 222 raising awareness for the importance of, digitization of all the minute books, 417 non-profit entities, new tax system for in Spain, 204 enabling cross-cultural partnerships, 417 455 Navigation Act 1912 (Australia), 302 licensing of auctioneers in, 146 non-retroactivity principle, 79 Part VII, 302 protection of cultural heritage items in, non-retrospectivity of the Commonwealth provisions dealing with wreck removal, 302 145–147 Scheme on the Protection of Cultural requiring removal of a wreck by the owner, registration of collectors in, 146 Heritage, 322 302 stopping illegal traffic in artifacts, 147 nonsovereignty, principle of, 16 Nazca New Zealand Historic Articles Act of 1962, 77 non-western herbal traditions in European foreign tourists visiting the town of, 61 New Zealand Maori Council, 147 Member States, 374 lines in southern Peru, 61 Neyland, Robert S., 283 non-western knowledge systems, 367 Nazis Ngalyindi, waterhole site, 8 Nordic countries, national heritage era claims in the UK, 183 NGOs (nongovernmental organizations), 265 administrations in, 238 ‘Portrait of Wally’ stolen by, 168 conservation of tangible and intangible normative package resolving disputes about property looted by, cultural heritage by some, 422 allowing cooperation under the UCH, 311 483 guidelines of, 265 norms Neem tree, 9 incorporating into the Biodiversity Law of in Bolivia Negash, Brigadier General Berhane, 468 Costa Rica, 442 on Archaeological Excavations and the negative register, 112 NHPA (National Historic Preservation Act of Prohibition on the Sale of Archaeological negligence cases, due care in, 276 1966), 7, 261 Objects (1965), 125 Negro, stuffed (“affaire du Negre emphaille”), 1980 Amendments to, 234 on Bibliographic and Documentary 137 conducting the studies required under, 261 Heritage (1945), 124 Negro-African knowledge, confrontation and parts of, 261 for Cataloguing and Guarding the Nation’s intuition, 363 study conducted by BLM, 262 Artistic Treasures, 125

546 Index

norms (cont.) objects recommending the use of EIA, 268 Concerning Scientific Research into acquired after the effective date of an export supporting the internationalisation of key Anthropological Matters (1973), 125 law, 406–407 standards, 266 Concerning the Prohibition on Sending acquiring ones subject to violation of foreign Ohio & Erie Canal National Heritage Area, Works of Art Abroad (1976), 125 export laws, 399 221 for the Defence of the National Artistic acquiring undocumented, 399 oil, exploitation of as a priority, 264 Heritage, 125 of archaeological value, 41 oil companies for the Defence of the National Artistic of artistic or historical value in Colombia, 120 measurement of social and cultural Heritage (II) (1976), 125 collecting from foreign countries and cultures performance by, 273 for Paleontology Research, 125 during the 19th century, 137 requiring to refer to the most stringent creating international obligations erga omnes, from the Colonial period in Colombia, 119 guidelines, 278 34 defining categories subject to trade, 74 oil industry as soft law, 275 documented through an exhibition catalog ambiguity stemming from the existence of Norris, Martin J., 295 legal and ethical issues presented by, 405 many guidelines, 278 North America, museums in, 387 identified as collected after a patrimony law association code North American Free Trade Agreement. See legal and ethical issues presented by, 405 regulating, 279 NAFTA of importance in themselves, 59 developing a self-regulatory code of conduct North Queensland, tourism as the new industry, known ‘stolen’ at the time of import, 164 for, 279 213 of limited value without information, 381 environmental awareness in, 265 North Sea Continental Shelf cases, 285 in museum collections, 5 environmental degradation caused by, 264 Northern Forest Wealth Index, 231 with no documentation environmental disclosure and reporting in, Northern Front, 29 legal and ethical issues presented by, 274 Norton, Gail, 263 403–405 environmental guidelines for, 266 Norway from the period of the emancipation and the environmental management practices, Directive 93/7/EEC implemented by, 191 Republic in Colombia, 119 266–275 legal resources for the protection of the built from the pre-Colombian period in Colombia, oil industry associations environment, 238 119 development of environmental standards and Norwegian Oil Industry Association, 274 removed from their context, 15 best operating practices, 265 Nov´ısima Recopilacion´ (Spanish Legal Code), study and classification of, 383 publishing environmental, health and safety generic definition of a cultural traced to official excavation sites reports, 274 monument, 114 legal and ethical issues presented by, 406 responsibility for rebuking member Novozymes obligations companies, 278 approach to microbial discovery, accompanying ownership, 17 Oil Industry International Exploration and code of conduct for Access Benefit Sharing, owned to the generality of States, 34 Production Forum. See OGP identified pitfalls of the CBD, of the World Heritage Convention, 209 oil industry pipeline project, relation to the methods for establishing win/win Occidental, falling short of best practice, 278 cultural heritage of affected regions, 249 collaborations, occupancy, acquiring title to lost or abandoned oil operations, minimising environmental and NSPA (National Stolen Property Act), 159, 399 property by, 295 cultural impacts of, 264–279 archaeological materials subject to seizure occupator, ownership vested in, 317 oil projects, assessing the social and cultural under, 160 occupying military forces, responsibility for impacts of, 268 cases construing, 165–168 devastation according to international Oil Sector Report, 274 leading case construing, 165–166 law, 38 oilfield practice, flexibility encapsulated in, 277 ‘Portrait of Wally’ exported in violation of, octli, 217 O’Keefe, Georgia, 171 168 Odyssey Marine Exploration Inc., 284 O’Keefe approach, 171 Schultz indicted under, 400 OED (Operation Evaluation Department), 246 O’Keefe v. Snyder, 171 ‘stolen’ as used in, 165 offerings Old Town of Dubrovnik, 36 NUESTRA SEORA DE ATOCHA galleon, rational business of, 23 Omar, Mullah Mohammed, 29 293 traditional maintained by the Mamas, 23 ban on opium poppy cultivation, 30 Nuremberg International Military Tribunal, Office of Enforcement, 164 death penalty to Afghans converted from 36 Office of the Historian of the City of Havana, Islam to Judaism or Christianity, 30 239–240, 422 edict proclaiming the decision to break down Oakland Plantation, 225 Decree concerning, 241 statues and idols, 32 OAS (Organization of American States) Official Mexican Standard One Hundred Missing Objects in Europe, 65 additional funding for the IFAR inventory not NOM-006-SCFI-1994, 218 One Hundred Missing Objects series, 54, 65, 66, obtained from, 111 official negligence and indifference, 423 Convention on the Protection of the legitimization of, 47 one time visitors, 423 archaeological, Historical, and Artistic offshore wrecks, 302 Online Center of Afghan Studies, 32 Heritage of the American Nations, (OAS Oglethorpe, General James Edward, 235 Onshore Oil and Gas Production Practices for 1976), 106, 125, 135 OGP (International Association of Oil and Gas Protection of the Environment, 266 funding of the IFAR Cuzco inventory, 110 Producers), 265 onshore wrecks, 302 OAU Framework Agreement for a Peaceful advantages of environmental and social Open House Programme (Barbados), 437 Settlement of the Disputes between assessment identified by, 271 open pit mines, backfilling of required in Eritrea and Ethiopia, 466 affirming the importance of environmental California, 263 Obelisk of Axum, 5, 468 auditing, 274 open-seas coastal State. See OSC Object ID checklist, 99 EMS requirements consistent with the ISO operating commissions, federal commissions Object Identification (Object ID) system, 66 14001 series, 272 classified as, 222 “object of archaeological interest,” 160 environmental monitoring promoted by, 273 Operation Desert Storm, coalition forces “object of ethnological interest,” 160 guidelines regarding onshore oil operations, adhering to Hague Convention objection of forfeiture, 188 265 principles, 2 objection of preclusion, 188 Key Questions in Managing Social Issues in Oil Operation Evaluation Department. See OED objectives & Gas Projects, 269 Operation Policy Note (OPN) 246 divided into several groups by WIPO, 344 publishing aggregate exploration and Operation Quetzal, at the National Museum of means indicated by WIPO to achieve, 344 production environmental performance Natural History in Guatemala, 98 WIPO establishing agreement on, 343–344 data, 274 Operational Guidelines (World Heritage), 201

Index 547

Operations Evaluation units, 271 of knowledge, 342 ratification of the UNIDROIT Convention opium of land (1997), 134 Afghanistan’s production of, 30 under Ganalbingu law, 8 transition towards democracy in 1989, 134 production and trade in Afghanistan, 30 of museum collections, 381 Paraguayan National Committee of ICOM, 135 Oppenheimer, Jakob and Rosa, 186 non-interference with private rights of, 195 Pardo, Arvid, 16 oppressive regime, museum playing a role of not a universal law, 15 parents resistance against, 390 notion of not translating to another culture as, first spiritual, 24 Oquendo, Juan Lechin, 125 15 as metaphor for Axioms of Se,´ 24 oral history, potentially of equal value to obligations accompanying, 17 Parsons, Dr. Murray, 358 scientific history in NAGPRA, 8 of ordinary physical things, 10 partage, 43 oral traditions private rights of, 8 “Parthenon marbles”. See “Elgin marbles” in Guatemala, 97 of traditional knowledge, 353–354 Parthenon sculptures, return of, 384 rejected in the Kennewick Man case, 7 ownership issues versus contracted issues, 75 participation in cultural life as a right, 413 research on, 389 ownership laws, recognised by another State, parties order, concept of, 21 317 determining for international arbitration, ordinary mandatory rules, 82, 83 Oxford archaeological Unit, 258 484–485 organically evolved landscapes, 201, 216 Oxford English Reference Dictionary, 340 identifying in a dispute between indigenous Organization for African Unity (OAU), 466 Oxford library, Ethiopian books in, 137 and traditional communities and Organization of American States. See OAS Ozark Highlands Regional Biosphere, 236 industry, 478 origin of everything, 25 partnerships original artifacts of public property, 106 Pacific Regional Framework, 2002, 334 based on mutual confidence and respect, 381 original darkness, 25 Pacific Regional Model, 2002 creating through networking, 392 original laws in Se,´ 21 moral rights protection in, 335 between museums, 380, 381 original Member States of the EU, 191 providing for certain criminal offences, 335 party autonomy original owner, reasonable diligence in locating, Pacific states, objects illegally stolen and exported principle of, 72 172 from, 145 use recommended, 76 ORMA, Wildlife Thematic Area, 440 Packard, David, 258 passage of time, ownership (title) never divested Ortiz case. See Attorney General of New Zealand v. Packard Humanities Institute. See PHI solely by, 298 Ortiz paintings, required to be restored in Bolivia, passing off, protecting distinctiveness and Oruro Carnival, 129, 132 125 reputation against, 332 OSC (open-seas coastal State), 308 Paisaje Agavero. See Agave Landscape past, concept of, 21 capabilities of enforcement of, 309 Pakistan, Buddhist shrines, stupas and patents continuing to rely on the general obligation of monasteries badly damaged or destroyed disclosure of origin requirement in cooperation in UNCLOS, 311 in, 54 applications, 336 disliking the idea of accepting bilateral Palace Museum in Antananarivo, Madagascar, of inventions known or used in foreign commitments, 310 390 countries, 9 having to act alone to sanction and persecute paleontological fossils in China, defined as by Maori, 355 authors of illicit activities, 309 “cultural relics,” 10 naming individual Aguarunas as inventors, having to deal with a third country belonging paleontological resources, not considered to be to a different legal tradition, 309 archaeological resources, 10 protection limited in a number of countries, perceiving the UCH Convention as a further Palimpsest (manuscript), 172 341 complication, 311 Palmer, Professor Norman, 178 providing the patent owner with the power to rarely entering into bilateral agreements, 310 Panajachel, 98 stop someone from exploiting the referred function of coordination nominal for, Panama invention commercially, 341 311 2001 UNESCO Convention on the Protection regimes offering no protection to indigenous reluctance to share information on the of the Underwater Cultural Heritage, 135 communities, 367 location of an underwater cultural Department of Collective Rights and “Pathway to a Heritage Strategy” (Barbados), 50 heritage, 309 Expressions of Folklore, 334 patrimony, distinguishing from property, 11 out-migration, heritage areas experiencing, 228 Panama Law patrimony laws, 399 over-regulation of the antiquities trade, 61 creating the Department of Collective Rights civil cases basing ownership on, 401 overriding rules. See also mandatory rules and Expressions of Folklore, 334 ignoring or dismissing, 400 deserving consideration to prevent unexpected exclusive property rights in, 334 patronage interferences on a contract, 83 Panel, 178 link with fiscal policy in Spain, 458 identification of, 83 Papanek, alternative to intellectual property, 368 priority activities in Spain, 458 international, 82–84 paradigm tax incentives for in Spain, 457–459 of a “third” country, 83 dominating a highly polarized cultural Paul, Dean James, 466 usually applied directly or as part of applicable property debate, 14 Paul Graupe Jewish auction house, 186 law, 83 proposed by John Henry Merryman, 15 paying tribute, 24 owner consent Paraguay PCA (Permanent Court of Arbitration), 465–474 issue in Savannah, Georgia, 235 bilateral agreement (2001) with Peru acting as Registry for both Eritrea-Ethiopia requirement included in the 1980 on the recovery and return of illegally Commissions, 466 Amendments to the NHPA, 235 exported cultural property, 136 Administrative Council, 471 owners of wrecks, establishing claims, 302 bilateral agreement projected with Bolivia, 136 establishment of four arbitral tribunals ownership, 143 Law No 946 on the Protection of Cultural constituted in accordance with ANNEX antiquities with no information on, 52 Heritage (1982), 134 VII of UNCLOS, 469 becoming entangled with the application of Law No 1231 approving and ratifying the 1972 International Law Seminar (ILS) Program, 465 public laws, 317 UNESCO Convention, 134 Member States, 465 causes of changes during the Nazi regime, 185 protection of cultural heritage, 134 working groups, 470–474 compared to possession, 143 ratification of the 1970 UNESCO Convention, PCA Optional Rules for Arbitration of Disputes conceptions within copyright law, 8 134 Relating to the Environment and/or of cultural property, 105 ratification of the 1972 UNESCO Convention Natural Resources. See Environmental of the Dodington coins, 317–318 (1988), 135 Rules establishing clear chains of, 182 ratification of the Hague Convention (2004), Peace Agreement between Eritrea and Ethiopia, versus guardianship, 354 135 466

548 Index

peace and co-existence, museums as facilitators constitutional texts in, 106 proposals improving the heritage problem, of, 391 creating public records, 106 107 peasant farmers. See farmers Criminal Code (1991) treating un-authorised protection of cultural patrimony in, 100–104 pedigree excavation, extraction or export of ratification of Convention on the Protection for all objects offered on the antiquities cultural property, 101 of the Archaeological Historical and market, 381 Criminal Code, prohibiting the transfer of Artistic Heritage of the American investigation of, 53 ownership of cultural property to a Nations, 135 Peggy Guggenheim Foundation, 192 convicted person, 103 ratification of the 1970 UNESCO Convention, penal sanctions approach, 335 cultural objects as property of state in, 134 Pennsylvania Declaration, 94 100 ratification of the 1972 UNESCO Convention peopled landscapes, considering as protected cultural patrimony and property rights in, (1976), 135 areas, 220 105–108 ratification of the Hague Convention (1999), People’s Republic of China. See China cultural patrimony protection in, 100–104 135 perimeter area management at Angkor, cultural property, 105 ratification of the UNIDROIT Convention 151 as defined in, 101 (1998), 134 Permanent Court of Arbitration. See PCA definition of, 101 register established to keep records on existing permission of access, 442 export authorization, 101 cultural objects, 100 permits legislation, 101 rights of a bona fide purchaser, 103 for the export of antiquities from New ownership restrictions in Sipan region of Zealand, 145 protected by the state, 101 archaeological material from, 162 granted under the Biological Diversity Law of current legislation, 102 statute of limitations for criminal offences, Costa Rica, 443 Decree Law No. 19033 (1971), 101 102 persecution, crime against culture as, 36 desert geoglyphs in, 61 Supreme Decree 89 Persian Gulf War in 1990. See Operation Desert designing a more coherent legal system, establishing a public interest on cultural Storm 108 goods, 105 personal property excavation and extraction of archaeological Supreme Decree 89 (1882) conceptualising claims to recover, 169 property, 102 monuments are the property of the Nation, cultural property not treated as, 176 excavation permits for National Institute of 105 recovering, 168 Culture, 102 Supreme Resolution 004-2000-ED personality theory, as subdivisions of IPR, export authorisations, 103 containing rules for archaeological 366 export of cultural property explorations and excavations, 107 Peru exportation of cultural goods from, 108 Supreme Resolution 559-85-ED agreement with United States, 60 extraordinary heritage possessed by, 109 containing rules for archaeological another successful initiative, 60 gaps in the present art protection system in, explorations and excavations, 107 archaeological investigations in 113 Supreme Resolution No. 559-85-ED applications for, 102 government request to Canada, 4 regulations on the exploration and archaeological property in heritage problem not resolved by Law 28296 excavation of cultural property, excavation of, 102 (2004), 107 101 archaeological zones in, 102 Law 6634 (1929), non-acceptable criteria and theft of art in, 111 Art Documentation Centre, 112 gaps, 105 Title IV of Law art historians required for photographic Law 24047 (1984), 106 regulating private collections and private inventory in, 110 Law 28296, 107 museums, 106 art protection system in, 113 deficiencies of, 106–107 transfer of movable archaeological property Article 17 of Law No. 28296, mandatory lack of a public recording system, 106 undiscovered cultural property as property of registration, 101 recording system established by, 106 government in, 101 Article 20 of Law No. 28296, stating Law No. 6634 (1929), 100 Peru v. Johnson (1989), 166, 400 restrictions to the ownership of cultural Law No. 12956 (1958) Peruvian origin, absence of direct evidence of in property, 102 attempt to reintroduce the register, 100 Peru v. Johnson, 166 Article 94 of the Criminal Code, 103 Law No. 24047 (1985) Peruvian University of Applied Sciences, Article 226 of the Criminal Code, 102 pre-Hispanic movable property presumed 112 Article 228 of the Criminal Code, 102 to be cultural property, 101 pest control, 391 Article 231 of the Criminal Code, 102 Law No. 28296 Peten´ Article 948 of the Civil Code, 103 reference to ownership over new material coming from, 54 Article 1542 of the Civil Code, 103 discoveries, 101 in the north of Guatemala, 95 bilateral agreement (2001) with Paraguay, rules on cultural property, 101 soil contains limestone, 98 136 as the legal owner of artefacts seized by the US, Peterson, Mr. Justice, 317 bilateral agreement with Bolivia, 130 166 petroglyph images, registered in Canada, bilateral agreements, 104 legal system in, 105, 108 333 bilateral treaties, 104 looted archaeological sites, 65 petroglyphs, discovered during an NHPA review, churches movable cultural objects 261 as the owners of lost works, 113 trade in, 101 Petroleum (Submerged Lands) Act (1967), churches in movable cultural property 276 local communities protection of, 110 acquired in violation of criminal law, Petroleum Communication Foundation of theft from, 109, 111 103 Canada, 274 Civil Code on archaeological find ownership, multilateral treaties, 104 pharmaceutical products in TCMs, 371 100 museum attendance in, 422 phenomenological thought, 363 Civil Code provisions National Institute of Culture PHI (Packard Humanities Institute), 258 relating to treasures discovery, 107 keeping an inventory of movable and Phiale of Italian origin, 164 colonial heritage, 109 immovable cultural property, 101 Philippines Law, 1997, exclusive property rights Constitucion Politica 1993, 107 no effective system for the protection of its in, 334 Constitution (1993) colonial heritage, 109 Philippines Rice Terraces (Philippines), 203 acknowledging the right to private Peru Law 28296, 107 Phillipp Holzmann, 256 ownership of cultural property, 101 photographic inventory in, 110 Phillips, Adrian, 220 constitution in, 101 plagued by terrorism, 111 Phillips, Consul James, 137

Index 549

philosophy, blending with science, 363 sexual life split away from the life of the mind, prayer, 24 Phnom Bakheng site, 152 22 Preah Khan of Kompong Svay photographic database Platonic love, 23 discovery of very large scale looting making non-sensitive information broadly “Plea for the Return of an Irreplaceable operations, 153 available, 113 Cultural Heritage to Those Who Created sculptures beheaded at, 90 principal role of in a joint protection effort, It,” 4 Preah Vihear, proposed registration on the World 113 plundering. See also pillage Heritage List, 155 photographic inventories Africa’s past emotional background of, 142 preclusive periods for indemnification of Nazi covering 10, 000 works in Peruvian museum of archaeological sites in Afghanistan, 57 wrongs, 188 and university collections, 112 of archaeological sites in Iraq, 57 pre-Colombian artefacts existing digitalizing, 110 of art treasures in Nepal, 65 conspiring to transport and receive, 165 existing virtues of, 109 of Benin in Nigeria, 137 theft of, 165 focusing almost exclusively on paintings, as a criminal offence in Peru, 102 pre-Colombian high civilization, 21 110 of cultural goods, 3 Pre-Colombian Monumental or Architectural lacked by Peruvian churches and museums, of cultural treasures in 1868 in Sculpture or Murals Law (1972), 164 109 Eritrea-Ethiopia, 137 pre-Colombian objects, seized by Canadian personal collection of Francisco Stastny, by gangs, 94 customs officers, 4 112 of indigenous tombs in Colombia, 122 pre-Colombian period, study of, 119 putting to work police force, established in the Angkor zone, predictability of transactions, maximizing, “Physical Cultural Resources,” 247 153 72 physical cultural resources policy development process, role of Caribbean pre-Hispanic culture, evidence lost during the preserving, 245 museums in, 49–51 Spanish conquest and colonisation, 394 World Bank funding the management and the policy objectives pre-Hispanic heritage, under constant threat in maintenance of, 246 presented by WIPO, 344 Guatemala from continuous looting, 95 physical form, transforming art into, 366 set out by WIPO proposals, 337 prehistoric man, traces in many areas impacted physical protection of monuments, 153 policy questions by the BTC pipeline, 250 PIC (prior informed consent), 17, 443 regarding cultural knowledge, 18 prehistoric period of Chinese history as defined in the Biodiversity Law of Costa regarding cultural property, 176 prehistoric remains with no discernible Rica, 442 political boundaries, transitory nature of, 380 affiliation with any present-day Native determining if granted, 351 pollution abatement guidelines, World Bank and American tribe, 6 principle of, 350 IFC sector-specific, 270 Preliminary Draft Declaration of Cultural Rights Picasso, Pablo pollution concerns, involving wrecks, 302 (1995), 413 Femme en blanc, 174 polychrome artifacts from Guatemala, 95 Preliminary Draft Intellectual Property Code Nazi-looted painting, 175 Pontifical Commission for the Cultural Heritage (Bolivia), 132 pictures, total ban in Afghanistan, 30 of the Church, 113 Preliminary Draft of the UNIDROIT pilgrimage, tourism as a new form of, Popular Participation, Bolivian law on, 127–128 Convention, 195 423 population density, maintaining a high, 430 pre-rational mode of thought, 22 pillage. See also plundering Portrait of a Young Peasant, Van Gogh painting, prescription, acquiring title by, 76 categories of objects vulnerable to in 192 presentation Colombia, 123 Portrait of the Marchesa Imperiale and Daughter, balancing with protection and conservation, of Chinese cultural history 186 208 cultural patrimony in jeopardy from, Portrait of the Marchesa Veronica Spinola Doria, as subordinate to the duties of protection and 160 186 conservation, 208 and its effects in Colombia Portrait of Wally by Egon Schiele, 167 preservation pin yin names Portugal of cultural or natural heritage, 1, 12 risk of confusion between similar, Association of Carpet Producers of Arraiolos education in techniques, 461 371 collective trademark, 333 fears about proper for returned objects, 6 for TCM herbal ingredients, 371 broader application of the concept of National process of triggering concerns about lack of IP pipones (oak barrels), 217 Treasure, 193 protection, 330 Pissarro, Camille, 175 law on Cultural Heritage, 69 programs involving citizens, 462 Pissarro painting, 173 Posey, Darrell, 355 as an unobjectionable goal of a cultural policy pistachio trees, removing from the Birecik positive database, 112 framework, 17 reservoir area, 257 positive protection, 330, 476 Preservation Master Plan at Angkor, 151 Pitumarca, church restored with few losses, possession, 143 Preservation of Antiquities Bill (Barbados), 49 111 compared to ownership, 143 preservation tourism, 151 plaintiff’s possessory rights, 169 to the first salvor under salvage law, 294 preservationist institution, museum as, 41 plaintiff’s property, defendant’s unlawful “instantaneous” or prolonged, 69 presumption of bad faith, 172 detention of, 169 post acquisition, AAMD Guidelines, 407 priests. See also Mamas plaintiff’s title, civil law focus on, 169 post-acquisition process, problems determined human beings needing the work of, 24 Planning (Listed Buildings and Conservation in, 46 as the intermediary, 23 Areas) Act 1990, 181 “Post-Classic Mayan” history, 43 primary school teachers, 389 plant breeder’s rights, 342 potential national treasures in France, 197 Princess Paley Olga v. Weisz (1929), 146 plants Potosi Development Cooperation, 128 principles Maori traditional knowledge of, 358 Potosi Historical Sites Rehabilitation Plan. See of cooperation, 309–310 medicinal knowledge PRAHP of nonsovereignty, 16 disclosed by the collaborating Aguaruna pottery, classified as handworks, 366 presented by WIPO, 344 peoples, Poussin painting, purchased by the Director of Principles for Impact Assessment: the medicinal qualities of, 355 the Cleveland Museum, 89 Environmental and Social Dimension medicinal use of, 346 Poverty Bay Club, 147 (1997), 268 role of indigenous, 391 POW claims, 466 prior art for patent examination, 339 Plassey, Baron. See Clive,Robert POW Partial Awards, 466 prior informed consent. See PIC Plato Prague national museum, 379 Priority Conservation Area, historic centre of ideal forms described by, 22 PRAHP (Potosi Historical Sites Rehabilitation Havana as, 241 major oddity in the thought of, 22 Plan), 128 priority patronage activities in Spain, 458

550 Index

private collectors professional codes of practice, 61 against misappropriation, 349 as acquirers of unprovenanced antiquities, 57 professional ethics, norms regulating, 126 in the preservation and safeguarding sense, 330 setting the financial pace, 56 professional expectations, symbiosis with of traditional knowledge, 345 private international law, 73 funding constraints, 59 two senses of, 330 as applicable to movables, 75 Professional Practices in Art Museums (2001), Protection and Recovery of Cultural Artefacts of beyond traditional, 72–73 404 the Andean Community, 131 codifications of, 82 professional standards, applied to archaeological Protection of Cultural Architectonic Heritage in as minimum and traditional complexity, 72 research, 106 Costa Rica, 452 not ensuring the return of cultural property professionals, selling their expertise on the “Protection of cultural objects and of places of stolen and/or illicitly exported, 78 market, 58 worship,” 34 not necessarily guaranteeing restitution of project archive, required under the 2001 Protection of Cultural Property Law (1977) objects of illicit provenance, 75 UNESCO Convention, 322 (Cuba), 240 for ordinary chattles and movable property, 77 project owner, Cambodian government role of, Protection of Military Remains Act 1986 section possible evaluation towards the lex originis, 78 150 2, 181 solutions as primarily domestic law, 74 proof of title, 170 Protection of Traditional Knowledge and Genetic states relying on conflict of laws rules, 70 property Resources, 18 tools using to control complexity inherent to Anglo-Saxon concept of, 10 Protection of World Cultural and Natural international transactions, 72 as a concept, separate and apart from the Heritage. See World Heritage Convention traditionally illicit export a violation of foreign thing, 9 Protection of Wrecks Act 1973, 181 public law, 77 cultural rights in, 11 Protocol Concerning Specially Protected Areas private law distinguishing from patrimony, 11 and Wildlife (SPAW Protocol) (1990), 438 aspects notion of not translating to another culture as, Prott, Lyndel, 3, 465 of the 1970 UNESCO Convention, 320 15 provenance, 6, 399 of international art trade, 74 ownership under common law, 10 antiquities offered for sale with none, 52 conventions governing, 12 present right to the possession of, 169 intentionally giving objects a fake, 400 versus public, 68 as private property, 10 list and illicit, 71 restitution of stolen cultural property as a as the thing, 9 study and publication of, 59 question of, 12 traditional notions of, 9 title difficulties caused by gaps in, 6 sanctions voluntarily saving at sea, 293 as used in art circles, 398 varying from country to country, 81 property law in a complex society, 9 ofworksofart,43 private ownership property owners, written concurrence from 100 provenience, 6, 398, 399 of art and cultural property percent of, 235 provincial authorities, lack of communication non-interference with, 159 property rights with APSARA Authority, 150 of cultural property allowed in Peru, 101 in cultural objects, 7 Provincial Monuments Commissions (Cuba), over cultural property customary law defining, 9 240 historically recognized in Peru, 100 exclusive public advocacy, 153, 462 permitted in Peru to the discoverer of cultural and commercial exploitation, 18 public attitude towards and understanding of objects similar to those already held in IP protection without use of, 329 science (PAUS), 366 museums, 100 in relation to traditional cultural public conservation and knowledge, 105 private property expressions, 334 public display, museums involving indigenous possibility of expropriating certain categories lobby, 237 peoples in, 414 of, 115 no basis to divest valid, 295–296 public domain values not directly affected by heritage areas, protection of, 298 character of folklore, 335 223 Proposed American Declaration on the Rights of in copyright and patent law, 16 private property rights Indigenous Peoples (1997), 129 as the equivalent of the common heritage of balancing with non-proprietary and non-IP proprietary rights “hu”mankind, 16 measures, 337 granting exclusive to authors and artists, 10 not a concept recognized by indigenous and in cultural heritage objects constitutionally of a resident traditional peoples, 335 recognized in Peru, 107 taking priority over a claimant foreign state, placing materials in during the process of exclusive 194 preservation, 330 versus creativity process, 329 protected cultural heritage areas in the Tequila re-evaluating for biological and cultural private rights, granting for intellectual property, region, 218 heritage, 328 10 Protected Cultural Zones, established in the Siem public guardianship over archaeological goods in private sector Reap/Angkor Region (1994), 155 Peru, 107 agreements with Neotropico´ corporation, 434 protected zone, declaring around a shipwreck, public interest increasing importance of, 455 303 in cultural property, 92 private sphere, taking environmental regulation Protecting Local Heritage Places, A guide for defining the grounds of in Mexico, 116 into, 278 communities (2000), 215 public international law privately-owned cultural property, trading Protecting Natural Heritage – using the Australian issues omitted, 73 within Peru, 103 Natural Heritage Charter (2003), 215 (scarce) limits imposed by, 75 proactive museums in Africa, 389 protection public law probable cause, required to warrant forfeiture, administration and enforcement of for consideration of rules of, 74 164 traditional knowledge, 351 conventions dealing with, 12 procedural defenses, meeting attempts to litigate, beneficiaries of, 350 exactly what constitutes as uncertain, 317 463 characteristics of, 345–346 illegal export of cultural property involving, 12 procedural interests of cultural heritage as a matter of public versus private, 68 of indigenous and traditional communities, interest, 35 Public Museum of History (Mexico), 394 476 duration of for traditional knowledge, public museums, 379. See also museums of industry, 477 351 public ownership system for cultural heritage procedural issues, involving mediation, 478–480 effectiveness and accessibility of, 348 goods in Peru, 105 procedural rules, developing pursuant to eligibility for, 350 public parks as an example of commons, 16 UNCLOS Annex VII, 469–470 forms of, 330 public participation and review of EIS, 267 productive sector, incorporating into the international and regional, 351 public programming, museums involving Biodiversity Law of Costa Rica, 442 legal form of, 349 indigenous peoples in, 414

Index 551

publication right, 335 refugee population from Afghanistan, 30 remedies of regular courts, not always adequate Puglia regime for dealing with cultural and spiritual Apulian vases made in, 53 of cultural property, 70 harm, 475 tomb-robbers in, 53 specificity of, 69 removal, tainting an object, 181 pulque. See octli regional agreements on the protection of Renfrew, Colin, 45 punkusa, 26 underwater cultural heritage, 310 repatriation purchasers Regional Association of Oil and Natural Gas conventional international law and, 318–323 claims for compensation for innocent, 485 Companies. See ARPEL criteria in NAGPRA, 8 gaining good title to dishonestly obtained Regional Centre on Latin American and of cultural items under NAGPRA, 6 goods, 485 Caribbean Traditional Culture and of cultural property, 14 Pure World Botanicals (PW), launch of Folklore, proposal for, 129 distinguished from restitution, 4 Macapure, 481 regional cooperations, strengthened under of the Dodington coins, 315–316 CPUCH, 291 requests Q’ipi Foundation, 126 Regional Cultural Policy Programme, 49 for human remains in the UK, 183–184 Qixing, illegal excavations in, 64 regional initiatives, protecting traditional replevied items, recovering, 169 Quadisha Valley (Lebanon), 202 knowledge, 355 replevin, 169 qualified ownership regional legal documents, listing of action by the French government, 194 expressing a call for the recognition of a regional museums claim species of, 69 in Colombia, 121 substantive requirements of, 171 recognition of a species of, 70 in Mexico, 396 common law civil actions of, 168–173 Quality of Life Reports, 231 regional sea coastal State. See RSC Report on Federal Commissions, 222 Quechan Tribe Register of Cultural Assets of the Republic of reporting in CPUCH, 290 consultation with on the Imperial Project site, Cuba, 240 reporting practices in the oil industry, 275 262 Register of the National Estate (Australia) representative democracy, strengthening tribal historian asserting the Imperial project creating, 211 mechanisms to perfect in Bolivia, 127 area to be sacred, 262 established, 210 Republic of Austria et al. v. Maria Altmann, 73, Quechuas, 434 places entered in, 211 174 Quedlinburg Cathedral treasure, 188 registered archaeological sites in Mexico, 396 Republic of Croatia v. The Trustee of the Marquess Queensland coastal destinations, 213 registers of Northampton, 170 Quinebaug and Shetucket Rivers Valley attempt to reintroduce in 1958 in Peru, 100 Republic of Ecuador v. Danusso case, 80 National Heritage Corridor (1994), 222, established to keep records of existing cultural Republic of Lebanon. See Lebanon 223 objects in Peru, 100 reputable dealers, myth of, 404 Quintana Roo Law of Indigenous Rights, for historic shipwrecks in Australia, 304 reputation, industry need for preserving, 476 Culture and Organisation (1998), for international art objects, 176 request for cultural property protection from 130 maintaining regarding cultural property, 91 Colombia, 121–123 mandated by Peru Law 6634 (1929) never res R. v. Heller, 140, 318 created, 106 limitations in intellectual property, 11 ra, 25 required by the UNESCO Convention, 180 physical manifestations of, 11 Rabbani, B., 29 of traditional knowledge, 351 res derelicta (abandoned goods), Roman Dutch rainwater as an example of commons, 16 registration legal concept of, 317 Ramamoorthi, 92 of archaeological treasures, 107 res extra commercium, qualifying a (category of) RamOrez, Luis MartOnez, 440 of artefacts, 66 cultural property of, 70 Ramsar Convention on Wetlands (1971), 438 of cultural property in Colombia, 120 res nullius versus res communes, 16 Ramsar wetlands, 212 not required for cultural objects under res sitae, prevailing as the statute of limitations of Rathke, Winfried, 138 UNIDROIT, 12 the country of the art work’s ownership, ratifications registration procedure (EU) 187 of conventions away nation states, 206 existing medicines legislation applying to, resale right (droite de suite) in copyright law, minimum required for the UCH, 308 373 332 real, coinciding with thought, 363 provided in the 2004 EU Directive for herbal rescue operations at Zeugma, 259 reality, no distinction between mental and medicinal products, 373 research material, 363 Registry of National Heritage, created in advocated on regulation of cultural heritage reasonable diligence, not exercised, 175 Colombia, 121 tourism, 424 reburial Regulations on Excavations (1997), required for advocated on tourism’s impact on cultural of disinterred remains, 6 prospecting, excavation or archaeological landscape, 421 as the final step of conservation strategy for restoration in Bolivia, 129 ethics the Zeugma site, 259 regulatory capture, 274 archaeological expeditions still conforming Receiver Of Wreck. See ROW Rehe, Tame Horomona, 353 to, 59 receiver/converter with no good title, 485 relics of pre-Hispanic communities, 394 museums involving indigenous peoples in, reclamation and bonding laws, 260 relict cultural landscapes, 213 414 recognition of rights, principle of, 348 religion. See also specific religion relating to cultural heritage in Mexico, 396 Recombinant Biocatalysis, Inc., right to practice and obtain respect of one’s research report on the illicit traffic in cultural Recommendation on the Safeguarding of own, 38 objects, 66 Traditional Culture and Folklore (1989), religious ceremonies, depictions of, 414 Resolution 1483, 2 126 religious identity of a people, attack on, 36 The Resolution of Cultural Property Disputes, red alert list, African countries features in, 141 religious objects, stolen from Catholic churches 465 Red List, 142, 422 in Guatemala, 95 resources “Red List of Latin-American Objects at Risk,” religious or secular public monuments, objects distribution of in Afghanistan, 30 135 stolen from, 11 limited global supply of, 429 Red Lists of African, Latin American and Iraqi religious sites, protection of, 29 respect for ancestors in Guatemala, 97 artefacts, 54 religious symbols, destruction of, 38 responsibilities, arising out of rights, 17 Red River Campaign, during the Civil War, religious toleration, destruction of religious Responsible Care program of the worldwide 225 symbols inconsistent with, 38 chemical industry, 265, 279 Red River, historic main channel of, 224 remedies and enforcement, WIPO draft “Rest in Peace”concept, 137 Reed, Ms. Lucy, 466 provisions regarding, 338 Restatement (Second) Conflict of Laws, 84

552 Index

restitution R.M.S. Titanic, Inc.v.Haver, 288 sacred objects, as defined in the NAGPRA, 413 to Cambodia, 155 Roerich Pact (Treaty on the Protection of Artistic sacred places claims for, 68 and Scientific Institutions and Historic as a tool for the protection of natural in the context of bilateral negotiations by Monuments 1935), 33 environment and cultural diversity, 202 African nations, 140 Colombia a State Party to, 119 World Heritage sites as, 202 of cultural property “common heritage of all people,” 35 sacred sites, loss of, 27 most recent multilateral treaty negotiated Roig, Dr. Emilio, de Leucheuring, 239 Sacred Valley of the Urubamba, 110 on, 74 Rojas, Eduardo, 136 sacrifices, rational business of, 23 requests for, 4 Roman Catholic Church, preservation of safe passage for a painting, 189 distinguished from return, 74 buildings owned by in Costa Rica, 453 safeguard policies, IFC, 270 of illicitly removed cultural property, 3 Roman glass piece, 44 safeguarding, 420 of illicitly removed works of art and cultural Roman villa, revealed by a pistachio tree removal, of cultural heritage, 330 property, 72 257 Safeguarding of Traditional Culture and notion of not translating to another culture as, Rome Convention on the Law Applicable to Folklore in Latin America and the 15 Contractual Obligations (1980), 72, 84 Caribbean, 129 of stolen cultural property, 12 Rome Treaty, former Article 36, 80 SAHRA (South African Heritage Resources restitution cases rongoa Maori, 355, 358 Agency), 315, 323 objections subject to, 187 The Roots of Being, 25 Said, Edward, 384 variance in characteristics, conditions and ROP. See MOX Plant Rules of Procedure Saif, Abdul Salam, 32 constellations of each, 185 Rosetta Stone, 383 Sale of Goods Act, nemo dat principle enshrined restitution claims Rotterdam, cargos seized by customs of in, 483 board or commission for, 190 Netherlands, 155 sales contracts examples of significant Nazi era, 185–189 ROW (Receiver Of Wreck), 302 implied warranty of title, 168 filed by persons prevented from making such duties of, 302 salvage claims, 188 notification of, 302 awards handling with clemency, 190 Rowland, Benjamin, 41, 42 setting high enough to encourage salvors to law failing to provide answers of convincing Roy, Professor Loriene, 416 take risks, 294 content, 189 “Royal book,” returned to Iceland, 4 difficult to translate to languages other than opposing by the objection of forfeiture, 188 Royal Decree on Zoning in the Siem English, 288 statute of limitations in different states, 188 Reap/Angkor Region, 148 notion of, 288 restrictive interpretation of ‘National Treasure’, Royal Exhibition Buildings, added to World services entitled to be rewarded, 293 192 Heritage List, 212 salvage and finds retention policies, as fueling the black market, 89 Royal Library at Windsor, Ethiopian books in, common of in Australia, 302 retentive cultural nationalism, 143 137 rejection of by CPUCH, 289 retentive nationalism, 16 RSC (regional sea coastal State), 308 traditional admiralty law doctrine of, 13 retentive nationalists, 15, 143 better prepared to implement the principle of Salvage Convention (1989), 305 retroactive instruments, 79 co-operation in the UCH Convention, salvage law, 293, 294 return, distinguished from restitution, 74 310 applying to shipwrecks, 288 Return of Cultural Objects Regulations 1994 in better prepared to implement the UCH, 308 concept enlarged in common law countries, the UK, 179 at ease as a “Coordinating State,” 311 288 review management plans for national heritage environmental and fisheries agreements elimination of the undesirable effects of, 289 areas, 221 binding, 310 given overarching status by UNCLOS, 287 revitalization, assisting regions with community legal systems tending to belong to the same historically encouraging salvors to rescue ships and economic, 228 tradition, 309 and return recovered goods to the stream Revolution of 1910 in Mexico, 116, 395 looking forward to the sharing of information, of commerce, 284 Richards, Brian, 360 309 possession under, 294 Richardson v. Forestry Commission (Australia), normative network stimulating, 309 remaining a complete stranger to the 207 opening the way towards the entry into force legislatures of many countries, 288 richer nations, potential unilateral domination of of the UCH Convention, 312 versus the values of archeology, 283 the global common spaces, 16 perception of a State with a verifiable link, 310 as a venerable law of the sea, 288 Rift Valley, 388 tending to subscribe cooperation agreements, as wholly inappropriate for treating right action 309 underwater cultural heritage, 288 first logical role of, 23 UCH Article 6 not perceived as an obstacle for salvage principle, 59 second logical rule of, 23 ratification, 310 Salvemos Iglesias, being launched by the right behavior, laws of, 24 UCH Convention reinforcing commitment Archbishopric of Cuzco, 112 right to prior informed consent of Indigenous with a regional sea, 311 salvors, 293, 301 peoples, 356 Ruaumoko, 416 award, 294 right to property, 8 Rubens, Peter Paul, 186 compared to finders, 301 rights rules of a derelict, 301 consequences of creating special, 343 impacting legal predictability, 72 direct ownership rights not granted to, 294 responsibilities arising out of, 17 by which people should live, 22 given a lien (or right in rem) under the law of unregistered of great concern to industry, 346 Rules for Conciliation of Environmental salvage, 288 Rio Declaration on Environment and Disputes, 471 SAMA (South African Museums Association), Development, 275, 471 Rumsfeld, Secretary of Defense Donald, 57 315 R´ıo Grande de Santiago, Canyon or Barranca of, rural society in Afghanistan, 30 Sambor Prey Kuk, 155 217 Russia, contributing to Angkor, 150 Samora, Jaime Paz, 126 risk preparedness, programmes relating to, 66 Sampson, James, 314 risks SAA. See Society for American Archaeology Samuel H. Kress Foundation, 110 affecting works of art and cultural property, 71 Sackler Museum, vase fragments acquired by, 45 San Blas as the viable center for exporting vino raised by transactions concerning works of art, Sacramento. See Santissimo Sacramento mezcal, 217 71 sacred and ceremonial sites of indigenous San Jose´ shipwreck, 120 Rivercare program in Australia, 213 peoples, 127 sanctions R.M.S. LUSITANIA. See LUSITANIA sacred architecture, 202 effect on South Africa, 364 R.M.S. TITANIC. See TITANIC sacred dangerousness of sexuality, 23 WIPO draft provisions regarding, 338

Index 553

Sanday, John, 90 Second World War defined in Section 3 of HSA, 303 Sanjurjo, Teresa, 459 aerial bombardments during, 28 destroyed by tsunamis, hurricanes, Santa Domingo, constructed over the Koricancha art, manuscripts and antiques looted during, 6 earthquakes and other natural or “Temple of the Sun” in Cuzco, 106 secrecy, assumed propriety of by dealers and catastrophes, 297 Santissimo Sacramento, older Portuguese wreck, auction houses, 403 as different from other heritage sites, 323 314 secret activities, banned by CPUCH, 290 historic, 13 SAP (Spoliation Advisory Panel) (UK), 183 secret knowledge, ownership of, 341 declaration of, 303 Sarah-Rose Josepha Adler, et al. v. Elizabeth Secretary of the Interior, 7, 236 inclusion in heritage legislation, 323 Taylor, 175–176 Security Council of the United Nations, 80 initial attempt at regulating, 120 Sarva Roga Nivarini, 9 security issues in museums, 66 license for exploration in Colombia, 121 Saudi Arabia, downgrading of diplomatic sediments near Rabaul in Papua New Guinea, 297 relations with Afghanistan, 30 analyzing microscopically, 52 not all abandoned or derelict, 301 sauvetage. See salvage seizure owning under the law of finds, 288 Savannah city plan, recognized as a unique immunity from permits or concessions to explore in artistic achievement, 235 constraints on, 381 Colombia, 120 Savannah National Historic Landmark District, Select Committee. See House of Commons protection of, 303 235 Select Committee on Culture, Media and recovering material from for a profit, 283 Save America’s Treasures matching grant, 226 Sport reporting of Sax, Joseph, 10, 69–70 self-assertion, against leaders of the United by divers, 304 Schema´ de presentation´ de la procedure´ a` suivre Nations, 28 separate legislation for, 323 pour un tresor´ national, 198 self-limiting rules, 83 in South Africa, 315, 317 Schick, Jurgen, 65 Seliyarvo Protocol, 270 South African legislation and, 314–315 Schiele, Egon Seminar on Museums, Heritage and Cultural as unintended, 307 ‘Portrait of Wally’ by, 167 Tourism, held in Peru and Bolivia in visiting, 303 Tote Stadt III by, 189 2001, 421, 424 visiting historic, 303 Schlemmer, Oskar, 189 Semprun, Jorge, 185 shishi, 26 Schloss case, issue of good faith in, 172 Sen, 25 Shiva head, returned to Cambodia, 66 Schloss collection, 172 Sen, Prime Minister Hun, 154 Shreveport as a successful river port, 225 Schoenberg, E. Randol, 463 Senegal, 390 Shuzhong, He, 65 scholarly research on non-looted material, 59 Senghor, Leopold, 363 Shyllon, Folarin, 15, 464 Schoneman Galleries, Pissarro painting Senor˜ de Sipan´ experience in Peru, 424 si omnes clause, 33 advertised for sale, 173 sensitive, marking collections and archival SIA (social impact assessment), 266, 267 Schultz, Frederick, 167, 178, 400 material as, 414 Siem Reap province, tourism in, 150 convicted after appeal for trading in Sen-tu-ra, story told by, 25 Siem Reap/Angkor region antiquities, 61 Sentura Gwiawimundua, 25 basis for land management in, 149 conviction of, 160 Serankua, 25, 26 divided into five zones, 149 reputation of, 404 Serankwa elimination of anarchical activities in, 150 Schultz case, repercussions on art museum fulfilling the principles of, 27 Sierra, Don Justo, 394 collecting practices, 399 the spiritual earth of, 25 Sierra Nevada Schuster, Peter-Klaus, 384 Serra, Juniper, 162 development of, 27 Schwerin museum, demanding the return of a service provider concept for research and as the Heart of the World, 27 painting, 186 collecting oriented tasks, 419 indigenous people best experts in the territory Science and Technology (S&T) wealth of former services for the public, newly acquired of, 27 colonised countries, 365 importance for by museums, 419 Sierra Nevada de Santa Marta, 25, 430 sciences, differences and compatibilities with Sevso Treasure, rights to possession and Environmental, Historical and Cultural arts, 363 ownership of, 170 Reserve of, 432–433 scientific attitude, lack and absence of, 364 sexual bridge-head as a place of extreme danger, rationale for, 433 scientific knowledge 22 structure of, 434 large proportion as public knowledge, 368 sexual emission, dangerous connection of, 23 Sierra Nevada de Santa Marta Guides turning into intellectual property, 368 sexual energy as the basic life-force, 22 Association, 435 scientific method, used by Maori people, 358 sexual life, split away from the life of the mind, signal stations, owned by the Barbados National scientific-technological culture, inadequacies of, 22 Trust, 437 363 sexuality significant, introducing a statutory definition of, SCME (Standing Committee of Ministers of sacred dangerousness of, 23 196 Education), 49 taboos surrounding, 22 significant cultural importance, sweep-up scope of protection Seynekun, 26, 27 formula of, 196 not discussed in the WIPO proposal, 347 Shang Dynasty, Sihanouk, HRH Prince Norodom, petition WIPO draft provisions regarding, 338 Shaw, Thurstan, 143 asking that Angkor monuments be scope of subject matter, WIPO draft provisions Shenandoah Valley Battlefields National Historic included on the World Heritage List, regarding, 338 District, 223 148 Scovazzi, Professor Tullao, 306 Shenandoah Valley National Battlefields, 223 Sihanouk, King Norodom, 90, 151 scuba divers, licensed, 296 Shining Path terrorist insurgency, 111 Siles, Hernando, 124 Se,´ 21, 22 shipwrecks. See also specific ship Silk Road, Buddhist centre on, 33 Axioms of, 21 abandoned simple theft cases, 90 concept of dialogue with, 23 definition of, 298 Singapore as a free port with few regulations, 64 inherently dangerous realm of ideas, 22 in Australia, 300–301, 304, 307 Sipan region of Peru, archaeological material Law of, 15, 22 Dutch, 300 imported from, 162 original laws in, 21 commercial dealings with, 306 Sipan´ site ultimate power over the world, 24 declared in northern Peru, 60 world of, 23 no legal protection given to contents of, spending by foreign tourists, 60 Sea Shore Act (South Africa), 318 315 Sir Frank Hudson Sugar Museum, 437 search function, publicising the availability of, declaring protected zones around, 303 Siracusa Declaration on the Submarine Cultural 113 defined in Decree No. 12 (1984) in Colombia, Heritage of the Mediterranean Sea Searle v. Goodman (Degas case), 463 120 (2001), 310, 312

554 Index

sites source nations, 3, 14, 89, 90 Spanish colonial government, seat of in South conservation of in Colombia, 123 with broad export controls, 89 America, 109 defined in the World Heritage Convention, 116 depletion of cultural objects, 16 Spanish galleons, special reference to, 286 Siva Nataraja, 92 New Zealand as a, 145 Spanish Historical Heritage skeletal remains, found in a Middle Bronze Age owner returning seized property to, 162 assets belonging to, 455 burial site, 252 retentive cultural nationalism by, 143 enrichment works for, 455 Sloane, Hans, 382 use of the laws of to facilitate the return of Steps for Development in the Law on, SMCRA (Surface Mining Control and illegally removed “cultural patrimony,” 93 Special Intellectual Property Regime Governing Reclamation Act 1977), 262 source States, 317 the Collective Rights of Indigenous Smid, Henrik, 346 giving effect to the export laws of under 1970 Peoples for the Protection and Defence of Smith, George, 383 UNESCO Convention, 320 their Cultural Identity and their Smith, Rob Roy, 7 repatriation of cultural heritage illegally Traditional Knowledge of Panama, 2000 Smithsonian Institution exported from, 318 (the Panama Law), 334 Policy on Museum Acquisitions (1973), 398 South Africa as, 319 Special Rapporteur policy recommending contacting source Sousi, Gerard, 89 of the Sub-Commission on Prevention of countries, 404 South Africa Discrimination and Protection of restrictions on acquiring illegally exported archaeological find in, 315 Minorities, 352 objects, 406 Department of Arts, Culture, Science and special rights smokebush (Conospernum), commercial Technology (DACST), 316 for special groups exploitation of, 9 dual social and economic structure, 367 consequences of, 343 Snuneymuxw First Nation of Canada, indigenous artisans in, 366 species Trade-marks Act used to protect ten isolation of, 364 patenting, 9 petroglyph images, 333 legislation on shipwrecks, 314–315 specific function of each, 24 Snyder, 171 National Monuments Council (NMC), 313 specific protection regimes, 69 social and economic performance, benefits of perspective of, 364–365 specificity of regime, 69 measuring, 273 research project with India, 366 Spengler, Dr Eusebio Leal, 239 social effects, challenges in the assessment and shipwrecks in, 315, 317 spirit, originating, 21 mitigation of, 268 as archaeological sites, 315 spiritual and material, link between, 8 social impact assessment. See SIA as a source State, 319 spiritual diversity, studying the organisation of, social impact indicators, general research into, unique position of, 367 24 275 South African Association of Archaeologists, 315 spiritual parents, 21, 22 social impacts, 267 South African Development Community spiritual payment, 24 social investing, 275 Association of Museums (SADCAMM), spiritual values, associated with historical social performance, limited agreement on how to 388 monuments, cultural landscapes or measure and monitor, 274 South African Heritage Resources Agency. See natural features, 201 social planning, tool in managing, 269 SAHRA spiritual world social reporting, lagging behind environmental South African Museums Association. See SAMA of Se,´ 22 reporting, 274 South Carolina Heritage Corridor, 222 sustained by working in spirit, 24 societal aspect of intellectual property rights, South Eastern Anatolia Project. See GAP spirituality as the foundation of rongoa Maori, 342 South Pacific, listing of legal documents 358 societies, development of parallel within a Southeast Asian paintings, 64 Spoliation Advisory Panel. See SAP society, 343 Southern Cone, region of, 134 sponsorship, state-private forms of, 453–454 Society for American Archaeology (SAA) Southwestern Pennsylvania Heritage sports law, Court of Arbitration for Sport (CAS), commercialisation principle, 58 Preservation Commission, 222 141 Principles of Archaeological Ethics, 58 sovereign authority, exercising, 147 St. John’s Wort Society for Economic Botany, Guidelines of sovereign rights of States over their natural effects on the nervous system, 372 Professional Ethics, 126 resources, 348 reducing the effectiveness of prescription soft law, 275 sovereignty of nation states, 206 medicines, 372 soils, analyzing microscopically, 52 Soviet forces, German art stolen by, 187 St. Lucia National Trust, 438 SOLAS as Schedule 1 to the Navigation Act in Spain St. Paul, better to marry than to burn, 23 Australia, 301 Altamira caves, 98 stakeholders Solomon, Tommy, 353 associations declared of public utility in, 456 addressing the information needs of, 271 Solomon R. Guggenheim Foundation v. Lubell, broader application of the concept of National consultation with as a key aspect of 170–171 Treasure, 193 environmental and social impact son of the Mother, 25 concept of the legal protection of historical assessment, 268 Sony, 359 and artistic property, 114 recognizing indigenous and traditional Sotheby’s auction house, 64 cultural activities patronage in, 459 communities as, 476 Apulian vases auctioned, 53 financial incentive schemes in, 456 Standard Form concerning Requests for Return auction of, 175 fiscal patronage in, 458 or Restitution director of restitution, 72 Museo del Prado, 98 difficulty of completing, 140 Gotha and Germany versus, 187 negotiations underway on agreements with standards large numbers of Apulian vases arriving for Guatemala, 96 to assist African museums sale at, 53 new tourism projects, 421 developed by AFRICOM, 392 resolving any possible claims to the Sevso not cooperating to return jade mask to to ensure best practices in fields affecting Treasure before resale, 170 Guatemala, 94 archaeological and colonial heritage, Soto, Alvaro, 15 protection, conservation and management of 123 sound archives, preserving Mexico’s oral and cultural heritage in, 455–459 in the field of cultural property protection, 66 musical traditions, 396 tax regime, 455–459 for the protection of the environment source countries Spanish Agency for International Cooperation, legal implications of, 275 contacting about substantial acquisitions, 128 Standing Committee of Ministers of Education. 404 Spanish Centre of Foundations, 459 See SCME increasing efforts to document antiquities Spanish colonial art Stastny, Francisco, 111 within their borders, 401 protection program for, 112 Stastny collection, combining with the IFAR museum archaeologists with ties to, 399 strengthening as an academic field, 112 collection, 112

Index 555

State Administration for Cultural Heritage stolen cultural property, embargo on, 4 Supreme Decree No. 2612 in Peru, 100 (SACH) in China stolen goods Surface Mining Control and Reclamation Act state agencies knowledge of dealing in as essential in the (1977). See SMCRA incorporating cultural landscapes in Australia, Schultz case, 167 surface mining, prohibited in locations listed on 213 McClain theory of, 166 the National Register, 262 naming to manage a heritage area, 222 stolen items Surkur Cultural Landscape (Nigeria), 203 State Hermitage Museum, St. Petersburg, instituting actions for the recovery of under Sussex Archaeological Executive, 284 constrained from lending Titian’s St the 1970 UNESCO Convention, 320 sustainability Sebastian to London, 381 photographs widely disseminated, 153 building consensus on, 51 state legislation and courts in Australia, 300 stolen objects of cultural tourism, 423 State of cultural origin, mentioned in UNCLOS, evidentiary problems in regard to, 139 in the field of cultural property, 423 286 handling in the UK, 178 SustainAbility in partnership with UNEP State of historical and archaeological origin, regime set up by UNIDROIT, 90 The Oil Sector Report: A Review of mentioned in UNCLOS, 286 stolen pieces Environmental Disclosure in the Oil State or country of origin, mentioned in danger of, 54 Industry, 274 UNCLOS, 286 from new museums, 55 sustainability indicators state owned vessels, as treated in UCH, 305 stolen property indicators state property, objects by definition in Italy, 42 affording the most protection to the true development of common, 275 State Prosecutor’s Office, 96 owners of, 171 sustainability reports state statues of limitation, NAGPRA demand for return of, 171 reports circumventing, 7 must belong to someone else, 166 external verification of internal, 275 state-managed heritage areas, 222 transferability of title to, 90 sustainable development State-Owned Property Information System, 103 transporting, transmitting, or transforming, embraced by the mining industry, 260 state-private forms of sponsorship, 453–454 165 WIPO objectives related to, 344 states Stone “Kurgan” burial sites, 251 Swahili Cultural Centre in Mombasa and Lamu, bound to respect customary norms, 34 storerooms, renovated at the Angkor 391 common duty to protect and preserve, 17 Conservation Office, 153 Swalingam, 92 heritage area programs in, 220 Strabag, 256 Sweden, 238 importing may ignore “illicit” (export) Straddling and Highly Migratory Fish Stocks Swedish International Development Cooperation characterization given by the country of Agreement (1995), 292 Agency (SIDA), 391 origin, 75 stress within a community, as a factor in heritage Swedish-African Museum Programme (SAMP), normally not enforcing the public laws of area formation, 229 391 another state, 92 study materials in museums, 413 Swiss art auctions, auction sales at during Nazi state’s law, determining which to apply, 175 subject matter, general scope of, 350 era, 185 States Parties subject specialization of museums, 379 Swiss Federal Council, ban imposed on competent authorities of under CPUCH, 290 submarine cultural heritage, sharing, 312 transferring stolen Iraqi cultural assets, 2 cooperating in the protection of underwater submerged cultural resources, management of, Swiss Federal Court, 92 cultural heritage, 309 13 Swiss law statute of limitations, 170–172 subrogation, keeping insurance rates down, 295 claiming to be in good faith, 172 actual character of, 188 Sub-Saharan Africa, partnerships in, 391 considered cultural objects as ordinary applicable to the recovery of cultural property, subsistence economy, destroyed in Afghanistan, commodities, 91 160 30 Switzerland for criminal offences in Peru, 102 substantive law adopted the Federal Act on the International differentially considering moral or ethical applying a state’s, 169 Transfer of Cultural Property, 91–92 justification, 188 complexity of exploring an “illegal” contract, cultural property illegally imported into, 91 dismissal based on, 175 82 as a hub in the international art trade, 91 in France, 173 substantive principles known to host illicit traffic organisations, 422 in restitution cases, 187 listed by WIPO, 345 listed as the Phiale’s country of origin, 164 statute of repose or limitations, 90 presented by WIPO, 344 listing of legal documents Statute of the International Criminal Court, in WIPO/GRTKF/IC/7/5, 349–351 maintenance program for the temple of articles 8(b)(IX) and 8(c)(IV), 36 substantive rules, expressed in domestic law, 70 Banteay Srei at Angkor, 150 Statute of the International Criminal Tribunal for substantive unilateral rule, 70 museums required to verify that cultural the Former Yugoslavia (ICTY), article Sucre, cataloguing the city’s historic centre, 128 property has not been stolen or illegally 3(d) of, 36 Sucre Historial Sites Rehabilitation Plan (1995), excavated, 91 Steinhardt, Michael, 164 128 not recognizing the statute of limitations for in Stela of Matara, alleged deliberate destruction of, Sue, “Tyrannosourus rex,” ownership of, 10 rem restitutions, 187 466, 467–468 Sui Dynasty Sydney Opera House, 212 stelae (carved stone monuments), fragments of, sui generis community intellectual rights symbolic meanings 95 consultation process in indigenous lands and of African objects of daily use, 387 stephania tetrandra (pin yin name: han fangji), local communities, 446 of material culture (objects), 387 371 determination and registration of, 445 systematic plan for the complete eradication of Stephen Hahn Gallery, 175 regulation of, 446 Afghan ancient cultural heritage, 32 Stern v. Lucy Webb Hayes National Training School related to the use of biodiversity components of Deaconesses and Missionaries, 403 and associated knowledge, 445 tabernas (tequila distilleries), 217, 218 Stetie, Salah, 140 use of, 445 taboos, surrounding sexuality, 22 Stiftung Preussischer Kulturbesitz [Prussian sui generis systems tahona (Chilean mill), 217 Cultural Heritage Foundation], 190 concerning traditional cultural expressions, tainted cultural objects as defined in the Dealing “Still Life” formerly attributed to Chardin, 183 333–335 in Cultural Objects (Offences) Act, 181 stolen art not mutually exclusive existing IP rights, 331 Talavera, Santana, 420 placing the burden of locating on the true Sulzer-Hydro, 256 Taliban owner, 171 summary judgment, 162 banning production of opium nationwide, 30 real cases of, 187 summum ius summa iniuria, 190 cultural terrorism of, 32 stolen cultural objects, distinguished from Supreme Council on National Culture (1993) in decision to break down the great stone equally exported, 74 Cambodia, 155 Buddhas at Bamiyan, 1

556 Index

Taliban (cont.) tenure laws, 260 Tikanga Maori Framework of Protection destruction of the Buddhas of Bamiyan, 28 tequila (TMFP), 355, 362 edict contrary to Islam, 32 cultural manifestations associated with, 218 time, concept of, 21 extensive aerial bombardment of their military production of, 218, 219 time limit for return under CPTA, 91 and logistic infrastructure, 32 Tequila (town), 218 TITANIC, 298 formation of, 29 Tequila plantations (haciendas tequileras), 217 decaying and wasting away, 298 not relieved from international responsibility Tequila region, 217 deterioration of, 296 by the absence of specific treaty governmental and civil society participation in protection of wrecks like, 13 obligations, 34 the proposal, 219 title sheltering and training of terrorists, 28 as an organically evolved landscape, 216 acquiring even though “seller” was not the strict ban on female education relaxed, 30 proposal for World Heritage List inscription, owner, 76 tangata whenua, 416 216 chain of, 10 tangible cultural heritage, UCH as an instrument work necessary to complete the proposal, 219 establishing in the case of stolen art, 169 for the protection of, 308 Tequila volcano, cultural values in the region of, implied warranty of, 168 tangible expressions, 329 217 natural rights superior to, 105 tangible heritage, 436 term of protection, WIPO draft provisions not necessarily giving rise to entitlement, 17 absence of, 47 regarding, 338 to objects, 10 World Heritage Convention dealing with, 202 termination dates in authorizing legislation, distinguished from right to decide location tangible-intangible dichotomy, 436 224 of, 91 Tanzania, deterioration, neglect and destruction terminologies, complicating the identification of TK. See traditional knowledge of archaeological and historical sites, overriding rules, 83 TKDL. See Traditional Knowledge Digital Library 143 territorial sea “to do no harm” policy, 246 taonga (treasured things), 358, 360, 362 of Australia, 303 Toft Tasmania, tourism as the new industry, 213 waters of, 305 innocent owner defense by, 162 Tasmanian Dam case, 206 terrorism, plaguing Peru, 111 pursuant to the CPIA forfeiture action against, Tasmanian Wilderness, 211 Teuchitlan´ tradition, pre-Hispanic sites from, 219 162 Tate Gallery, 380 Tewodros, Emperor, 6, 137 Tohunga (traditional healers), 358 tatemado (cooking) Texaco, exploratory drilling of Dao Ruang 1 in Toi Iho trademark, 416, 417 of agave, 217 Thailand, 277 Toi IhoTM Mainly Maori, 417 of mexcal pineapples (pinas), 217 textiles Toi IhoTM Maori Made, 417 tax incentives authorizing the return of Bolivian to their Toi IhoTM Mauri Co-Production, 417 to encourage Canadians to donate or sell original communities, 127 Tokeley-Parry, Jonathan, 167, 178, 400 important objects to public institutions, state protection extended to in Bolivia, 126 Tomanowos, Clackamas’ meteorite, 415 91 Thailand tombs for foundations and associations declared of agreement with Cambodia, 153 looting of in Guatemala, 95 public utility in Spain, 457 bilateral agreement with Cambodia, 153, 154 plunder of indigenous in Colombia, 122 for patronage in Spain, 457–458 craftsmen changing the features of statues, 65 robbed in Puglia, 53 for the preservation of Costa Rica’s patrimony, fighting jointly against the traffic of Khmer Tongariro National Park (New Zealand), 201 452 artefacts, 154 Torres Strait Islander people, 210 provided for patronage in Spain, 458–459 as first stop for many objects from Cambodia, tort of conversion, 178, 485 tax structure in France, 197 90 total heritage protection, 352 taxation of greater value (plus values), 197 Ministerial Regulations concerning Petroleum Tote Stadt III, 189 Taylor, Elizabeth, 175 Environmental Management, 277 tour operators TCM (Traditional Chinese Medicines) not yet contracted the Convention of 1970 of partnership with the APSARA Authority, 152 business booming for, 370 UNESCO and the UNIDROIT protecting threatened archaeological sites, 61 herbal ingredients, 371 Convention, 154 tourism. See also cultural tourism; mass tourism impact of new EU provisions, 374 spectacular seizures in, 155 advantages and disadvantages of, 97 technical diving, danger of, 296 Thannhauser, J.K., 174 antiquities market and, 60–61 technical workshops, series of regional in theft, 76, 90 creating jobs at Angkor to involve park CARICOM countries, 50 test for dishonesty in cases of, 182 communities, 152 technological developments victims cultural heritage lack of in South Africa, 364 duty of reasonable diligence, 171 international interest in, 359 permitting salvage operations beyond Theft Act 1968, 182 as cultural tourism in Cambodia, 151 territorial waters, 283 theme studies to identify and nominate dangers of unplanned, 423 technological innovation, location of, 366 landmarks, 235 developing amenities in the Angkor technologies, 364 theories, speculative in nature, 340 Archaeological Park, 151 enabling the population to get more out of the thinking, great emphasis on, 23 development of cultural property and, 244 environment, 430 third parties development of heritage resources for, 49 lack of adequate education and training in new acquiring illegitimate IP rights, 345 economic impact on heritage regions, 228 in South Africa, 364 identification of the rights of, 345 encouraging exploitation by foreign media, 49 transfer to developing countries, 364 Third Sector or Third Way, 455 framing policy to respect societies, cultures two worlds of, 366 Third World countries. See emerging economies and nature, 151 TechnoMarine, 359 Thomas, Senator Craig, 224, 227 as the industry for tomorrow of Cambodia, Tek Seng, raised by Mike Hatcher, 305 Thomas Alcock Collection, 400 151 temple as an acceptable party, 92 thought, originating, 21 involving professionals at Angkor, 152 Temple of Serapis, 28 Tiahuanacu as a major currency-earner in Guatemala, 97 temporal exportation of goods of the Cultural archaeological research in, 124 management on the Angkor site, 151, 152 Heritage of the Nation, 108 Ruins classified as state property, 124 museums and, 422 temporary exports tidal water, definition of, 302 museums lobbying and advising governments from Colombia, 121 Tigris river, 256 on, 51 of cultural property from Colombia, 121 Tikal as a new form of pilgrimage, 423 from Peru, 103 effects of increasing the number of visitors, 98 not recognizing the value of the museum temporary restraining order. See TRO satellite sites ransacked, 98 experience, 49 Tennessee Civil War Heritage Area, 223 Tikanga Framework of Protection, 361 as part of overall development, 151

Index 557

project funded by the IFC, 247 decisions regarding rights in, 13 treasure hunter, stereotype of the archaeologist promotion of, 391 defining, 341, 352–353 as, 59 in Siem Reap province, 150 difficulties meeting requirements of the treasure hunters act, 293 as supportive of the environment, 151 classical IPR disciplines, 344 treasure salvage as an element of marine salvage as a threat to cultural heritage, 423 downstream developments of, 347 under admiralty law, 288 World Heritage Areas within Australia as a duration of protection for, 351 treasure salvors in direct contrast to drawcard for, 213 enforcement of rights, 345 archaeologists, 283 Tourist Police Corps, created in Cambodia fact finding missions determining IP needs treasure trove (2001), 156 and expectations of holders of, 342 in the German Civil Code, 189 tourists frequently informal nature of, 344 history of, 293–295 illicit traffic in cultural tangible and intangible inequitable use of for commercial gain, 345 treaties heritage, 422 IPR aspects of, 367 bilateral and multilateral in Peru, 104 returning home with protected artefacts, 64 making available to the public, 346 difficulties with implementing international, Toussaint (art agent), 186 making inalienable from the public domain, 9 484 Toward valuing and protecting movable cultural Maori, 352 non-retroactivity of, 79 heritage, training course, 123 misappropriation of from a public international law perspective, 80 Towards National Regulations for the Protection formalities for, 351 as sources of international law, 1 of the Traditional Knowledge of not possible to patent in indigenous societies, specific to works of art and cultural property, Indigenous Peoples of the Lowlands in 367 78 Bolivia (1998), 130–131 ownership of, 353–354 un-ratified, 80 Town and Country Planning Department patenting of, 9 treaty law, related to cultural property, 75 (Barbados), 437 positive duty to preserve and maintain, 344 treaty obligations, absence of specific, 34 toy manufacturing companies, voluntary code of principle of recognition of the specific Treaty of Waitangi, 358 conduct for using TK, 356 characteristics of, 349 Treaty on the Protection of Movable Property trade principle of respect for customary use and (1935), 119 response to the illicit trade of antiquities, 62 transmission of, 349 les tresors nationaux (national treasures), 197 in unprovenanced antiquities, 52 protecting, 354 triangular traffic of goods bought or stolen in Trade Marks Act 2002, 356 protection of, 345 other countries, 136 Trademark Law Treaty Implementation Act, economic aspects of, 342 Tribal Claimants, demanding the remains of the 1998, 333 recognizing the value of intellectual property Kennewick man, 6 trademarks rights to, 12 tribal collective, right to sue for misuse of combating unauthorized registration of relationship with traditional cultural designs, 353 indigenous and traditional signs and expressions, 328 tribal community, granting equitable relief in symbols, 330 values associated with, 352 favor of, 333 protecting traditional knowledge and WIPO objectives related to, 344 Tribes, status as Interveners in Bonnischen, 7 expressions of folklore, 333 Traditional Knowledge Digital Library (TKDL), tribute, paying, 24 protection used by indigenous peoples in New 9, 367 TRIPS (Trade-Related Aspects of Intellectual Zealand, 355 traditional lifestyles, knowledge embodying, 340 Property Rights) Agreement, 13, 129, registering traditional signs, symbols and traditional material, lack of a formal process for 130, 332 other marks as, 332 obtaining approval to use, 361 TRIPs Council, 343 used by Aboriginal people in Canada, 333 traditional practises, some embedded in myths, TRO (temporary restraining order), keeping a Tradescants’ collection, forming the basis of the 368 Picasso in Los Angeles, 174 Ashmolean Museum at Oxford, 379 traditional private international law. See also Truman Proclamation, 292 tradition, 328 private international law trust, mediation built on, 479 traditional African thinking, 363 illicit export simply a violation of foreign trust model, proposed for the CBD, 13 Traditional Chinese Medicines. See TCM public law, 77 trusted neutral institution, submitting a dispute traditional communities, customary law and traditional skills as a tool for the protection of to, 480 practices of, 335 natural environment and cultural trustee ownership of the British Museum, 383 traditional creativity, 328 diversity, 202 truth as an unobjectionable goal of a cultural traditional cultural expressions (TCEs), 328, 329 tradition-based creativity, forward-looking policy framework, 17 as an interchangeable synonym for expressions incentives for, 335 truth-in-marketing law, 331 of folklore, 327 trafficable objects, open to the depredations of Tryal (wrecked in 1622), 303 not residing in particular countries or other modern-day pirates, 47 tu, 25 geographical areas, 335 Trail of Dreams, 262 Tunis Model Law on Copyright for Developing performances of, 332 trails project, heritage area grants awarded for, Countries, 1976, 334 range of possible appraoches to protecting, 334 228 Turkey regulation of exploitation of, 329 training, developing regional museum programs, moral and legal duty to rescue and protect relationship with traditional knowledge, 328 49 Zeugma remains, 257 WIPO draft proposals seeking to, 337 training and awareness-raising campaigns with protecting cultural properties in a coordinated traditional culture. See also folklore regard to the protection of Cambodian manner, 255 as ‘living’, 328 cultural heritage, 153 Turks and Caicos National Trust, 439 protection of, 130 transactions turmeric as well known traditional medicine, 9 responsibility for, 8 concerning works of art, 71 T.V.A. at importation, 197 traditional healers, 126 defining, 71 Tyrol Cot Heritage Village, 437 traditional herbal medicines,. See also herbal transatlantic slave trade as an earlier products 370–375 globalisation process, 51 UCH Convention. See also CPUCH traditional IP philosophy transferability of a movable cultural property, 71 anchoring to the normative scheme codified traditional knowledge (TK), 328, 329 transit state, New Zealand as for objects illegally by UNCLOS, 308 acquisition without prior informed consent, stolen, 145 Article 1, 305 345 transparency in collecting, 407 Article 6, 310 attributes collective by nature, 352 travelling exhibitions, 422 assumptions of, 305 collective environment of, 344 treasure Australia enthusiastic supporter of, 301 contemporary manifestations of, 353 formerly considered more valuable, 105 entry into force of, 311–312 customary use of, 349 not contained in Australian shipwrecks, 304 ex ante scenario, 310

558 Index

UCH Convention (cont.) underwater archaeological site, proving artifacts discussion about Afghanistan with regard to ex post scenario, 310 did indeed come from a specified, 318 the increasing threats to cultural heritage, flagrant inconsistency with Article 303 of underwater cultural heritage, 283, 296–299 30 UNCLOS, 306 accommodating the preservation of, 284 enforcement of, 91 misconception about the nature of, 308 avoiding assimilation to a mere wreck, 309 fostering cultural tourism, 421 precise obligations for State Parties, 309 bilateral agreements on, 310 Intergovernmental Committee, 140 preventing looting of underwater cultural commercial exploitation incompatible with International Code of Ethics for Dealers in heritage, 309 CPUCH, 289 Cultural Property (1999), 61 relationship with the law of salvage and the law consultations on effective protection of, 290 issued a declaration classifying the Carnival of of finds, 306 declaring property on the ocean floor as, 298 Oruro as intangible cultural heritage of relationship with UNCLOS, 309 difficult to see, 296 mankind (2001), 132 Udall, Rep. Mark, 236 establishment of an effective protection regime Model Provisions for National Laws on the Ugarte, Juan Antonio, 112 for, 292 Protection of Expressions of Folklore UK. See United Kingdom found beyond the limits of a national Against Illicit Exploitation and Other UKOOA (United Kingdom Offshore Operator’ jurisdiction, 286 Prejudicial Actions (1982), 126 Association) implying that it cannot be protected per se, policy of building up the museums within the Environmental Principles, 266 286 country, 43 producing aggregate industry performance importance in archaeological terms ratification of, 91 data or reports, 274 legal vacuum threatening the protection of, Recommendation on the Safeguarding of promoting innovation, 265 287 Traditional Culture and Folklore (1989), Uluru man-made in CPUCH, 295 126 geological features of, 213 multiple-level protection of, 291 standard-setting instruments, 79 as a story place, 213 precedence over legitimate property rights support in putting in place an exemplary Uluru-Kata Tjuta under the UCH, 305 policy to prevent trafficking in cultural iconic status of, 211 preserving for the benefit of humanity, 309 property in Cambodia, 152 initial World Heritage listing of, 213 preventing looting of, 309 supporting the process to combat illicit traffic Umatilla, Confederated Tribes of, 7 preventing the circulation of, 309 in cultural property, 134 UN Conference of Environment and prohibiting commercial exploitation of, 13 United States rejoining, 236 Development (1992), 127 protection based on ownership as unreliable, United States withdrawal from, 236 UN Draft Declaration on the Rights of 318 website, 238 Indigenous Peoples (1994), 128 as a rapidly wasting resource, 296–298 UNESCO Convention (1970), 3, 11, 41, 48, 60, UN Millennium Declaration, 245 regional seminar of experts in Bogota´ (2004), 79, 94, 116, 120, 134, 139, 423 UN Permanent Forum on Indigenous Issues, 343 312 applying to “ordinary” peacetime situations UN Security Council. See United Nations states with a verifiable link to, 310 as well as periods of military occupation, Security Council UNCLOS regime relating to, 285 79 UN Working Group on Indigenous Populations, verifiable link with, 290 applying to the case of the Dodington coins, 357 underwater exploration, new technologies for, 319 UNCITRAL Model Arbitration Law, 483, 486 48 Article 1, 41 UNCITRAL Rules, 471 Underwater Heritage Convention, UNESCO’s Article 7(b)(ii), 11 UNCLOS (United Nations Convention on the activities to encourage accession to, 50 Article 9, 320 Law of the Sea), 16 underworld, death accompanying life, 26 Article 10 requiring antique dealers to ANNEX VII arbitration underwriters, rights of subrogation to, 295 maintain a register recording the origin limitations for, 470 undocumented objects of items of cultural property, 320 in practice, 469–470 acquiring, 399 Cambodia and, 155 area in, 286, 288, 306 of little value for an archaeological collection, cultural property defined in, 11, 116, 319 Art. 59, residual rights in the exclusive 399 elasticity of language in, 180 economic zone, 287 typically offered through bequests from as the end product of a long line of efforts, 4 Art. 303, para. 3, 287, 469 private collectors, 403 high level of accession to, 180 Australia foundation signatory to, 301 undue influence, less likely in the presence of a ineffective in stemming the illicit excavation of avoiding coastal State jurisdiction beyond the mediator, 477 archaeological material, 319–320 territorial sea, 286 UNESCO (United Nations Educational, lacking adequate enforcement mechanisms, definitions of territorial seas and other Scientific and Cultural Organization) 320 relevant types of waters, 303 1956 Recommendation on international making reference to although not applicable, giving salvage law and other rules of admiralty principles applicable to archaeological 80 overarching status, 13 excavations, 35 New Zealand acceding to, 147 inconsistency of Article 303 with UCH, 306 adopted an International Code of Ethics for no mention of arbitration, 469 no specific provision pertaining to the Dealers in Cultural Property (1991), 64 Preamble to, 11 preservation of shipwrecks on the sea assistance to developing countries in providing for the prohibition of importation floor and historic relics, 305 recovering stolen cultural property, 140 of cultural heritage, 320 not specifically dealing with seabed wrecks and Assistant Director General for Culture, 13 providing moral backing for refusing to treasures, 306 authoritative character of recommendations, collect illegally exported cultural not specifically referring to the traditional law 35 property, 406 of finds, 305 called on France to train the Heritage Police, ratified by Australia, 301 Part XV of, 469 155 representing “retentive cultural nationalism,” prominence given to in UCH, 306 Convention for the Safeguarding of the 14 providing a viable arbitration option, 469 Intangible Cultural Heritage (2003), 203 Section 5(a) urging adoption of ethical recognising the duty to preserve objects of an Convention on the Protection of the principles, 398 archaeological and historical nature, 305 Underwater Cultural Heritage, 285–292 Select Committee opinion contrasted with the relationship with the UCH Convention, 309 Declaration concerning the Intentional Panel’s, 180 seeming to allow the drafting of more specific Destruction of Cultural Heritage, 71 signed by the United States in 1983, 94 treaty regimes, 289 Declaration of the Principles of International slippage between the concepts of UNCLOS regime, 285–289 Cultural Cooperation (1966), 125 archaeological knowledge and cultural obscurities and contradictions found in, 288 Declaration on Intangible Cultural Heritage, property, 42 variations from, 292 419–420 UK accession to, 180

Index 559

US partial adoption of, 195 shortcomings of, 487 United Nations Charter, enforcement actions voluntary ethical guidelines for museums stipulating that the holder of the item prove under Article 41 of, 80 based on, 398 acquisition bona fide, 153 United Nations Conference on Environment and working at level of government on Stolen or Illegally Exported Cultural Development, 12 administrations, 4 Object, Cambodia and, 155 United Nations Convention on International UNESCO Convention Concerning the Protection U.S. ratification of, 176 Trade Law Arbitration Rules. See of the World Cultural and Natural UNIDROIT Diplomatic Conference (1995), 68 UNCITRAL Rules Heritage. See World Heritage Convention Uniform Commercial Code of each state, United Nations Convention on the Law of the UNESCO Convention for the Protection of the governing the sale and title of art and Sea. See UNCLOS World Cultural and Natural Heritage antiquities, 168 United Nations Educational, Scientific and 1972. See UCH uniform law regime, specifically conceived for Cultural Organization. See UNESCO UNESCO Convention for the Safeguarding of cultural property, 78 United Nations Environment Program the Intangible Cultural Heritage (2003), uniform law, works of art and cultural property, (“UNEP”), 12 48 78–80 United Nations Security Council UNESCO Convention member, request to the unilateral rules, determining their own spatial ad hoc resolutions, 81 U.S. for temporary emergency import scope, 82 imposing wide economic sanctions against restrictions, 161 unitary theory of the two prescriptions under Taliban, 30 UNESCO Convention on the Means of French law, 69 making export of material from Iraq illegal, 58 Prohibiting and Preventing the Illicit United Front, 29 Resolution 1483, 2 Import, Export and Transfer of United Kingdom Resolutions, 72 Ownership of Cultural Property (1970). Admiralty Law United Nations Vienna Convention on See UNESCO Convention (1970) and unclaimed shipwrecks, 318 International Sale of Goods (CISG) UNESCO Convention on the Protection of the civil law in, 178 (1980), 78 Underwater Cultural Heritage 322–323. criminal law in, 178 United States See Convention 2001; CPUCH; UCH Dealing in Cultural Objects (Offences) Act, 1970 UNESCO Convention implemented by, 4 UNESCO General Conference, Declaration 180–182 agreement with Mali, 60 Concerning the Intentional Destruction extrajurisdictional laws applied in, 90, 179 agreement with Peru, 60 of the Cultural Heritage, 2 foreign law on, 92, 179 applicable laws for resolving claims to stolen UNESCO Recommendation on the Safeguarding herbal medicine regulation in, 370 artwork, 159 of Traditional Culture and Folklore Illicit Trade Advisory Panel archaeological sites (1989), 129, 132 implemented UN Security Council Resolution protection list, 58 UNESCO World Heritage Center, home page of, 1483, 58 armed forces arrival at the National Museum 237, 238 intention to ratify the Hague Convention and of Iraq, 39 unfair competition both Protocols in 2004, 57 art museums in, 55 approach to protecting traditional knowledge, long refused to enforce foreign public law, arts and crafts legislation in, 335 335 317 bilateral agreement with Italy under the general protection against, 349 narrowly drawn export restrictions, 89 Convention on Cultural Property only protecting against slavish imitation, 346 objections to UNIDROIT, 321 Implementation Act, 41 repression of, 329 position in response to a UNESCO inquiry on BLM (Bureau of Land Management), 261, UNGA Resolution 3187 of (1973), reaction the 1970 UNESCO Convention, 317 262 within UNESCO to, 140 prominent role as one of the world’s leaders in brisk market in Colombian archaeological and UNIDROIT Convention (1995), 11, 48, 74, 79, the trade in art and antiquities, 319 Colonial period material, 122 134, 320–321, 487 recent developments in the illicit trade in civil law in, 163 adherence to, 91 cultural objects, 178–184 common law, 168 advantages of accession to, 487 recovery of shipwreck by, 284 conflict of laws applying to the Ortiz case in New Zealand, refusal to Greek sculptures by, 94 and Rome Convention, 84 147 resources for protection of built environment copyright law, 10 arbitration option, 142, 468 in, 238 courts actively seeking to ascertain the merits argument on a fair system of mutual and sovereign government attempts to of each party’s case, 173 enforcement of export controls, 195 confiscate valuable items, 146 courts sympathetic to the claims of foreign art trade looking more favourably on the thresholds for export licenses, 191 governments, 159 implementation of, 167 trade associations, 61 cultural patrimony in, 160 Article 4 (4) of the 1995, 45 UNIDROIT Convention ratification and, cultural preservation laws, 262 Article 5(3), 196 196 cultural property stolen or illegally imported Article 8(1), 468 unlicensed herbal remedies, 370 into, 162 attractive elements of, 179 United Kingdom Museums Association, 66 cultural resources preservation laws, 262 cultural heritage defined under, 320 United Kingdom Offshore Operators’ Customs Service due diligence standard in Article 4, 91 Association. See UKOOA seizure of goods by, 160, 165 export control list, 12 United Nations diversity jurisdiction in, 169 intended to complement the UNESCO act of defiance against, 28 each state has statute of limitations, 170 Convention, 487 Convention on the Law of the Sea, Art. 285 Establishment Clause of the First Amendment, limitation periods in, 180 member states obligated to implement 7 low level of accession to, 179 measures decided upon by the Security export certificates required by, 161 New Zealand acceding to, 147 Council, 81 export control, 195 options for recovery of cultural property prior Resolution 686 (1991), 80 federal regulation of artifact collections in, 283 to, 139–141 Resolution 1483 (2003), 80, 81 free import of art and cultural property in, 159 providing separate regimes for stolen and for Resolution 3187 (Restitution of Works of Art French claims to recover works of art, 194 illicitly exported objects, 79 to Countries Victims of Expropriation), 4 herbal products marketed as dietary ratified by Bolivia (1999), 131 Resolutions prolonging the domestic supplements, 370 ratified by Cambodia, 153, 155 implementation of, 81 import restrictions on cultural property, 42 regimes set up by, 90 rumored control over U.S. National Parks, indigenous cultures of, 6 return of illegally exported cultural heritage, 236 internationalist policy with regard to its own 321 United Nations Asset Management Working cultural property, 42 as a scheme under private law, 11 Group, GSEES Index developed for, 275 invasion of Iraq in March 2003, 2

560 Index

United States (cont.) of cultural heritage, 37 U.S. Patent and Trademark Office (USPTO), left sanctions in place for illegally removed emphasized in Australia, 211 refusal to register proposed marks, 333 Iraqi cultural property, 2 universality of collections, not the only model for U.S. patent law, absolute novelty rule not legal and institutional structure for recovery of the development of museums, 379 utilized, 9 looted antiquities and ‘stolen’ art, 159 University of Otago (New Zealand), Cancer U.S. Supreme Court, courts “bound by the law of legal resources for the protection of the built Genetics Research team, 355 nations,” 34 environment, 238 University of Pennsylvania Museum U.S. v. Schultz, 399, 400 limits on archaeological objects in, 159 acquisition policy (1970), 398 USA. See United States as the major art importing country in the statement on the ethics of acquisition (1970), US-based Internet auction sites, Colombian world, 159 380 items evidenced on, 122 Mali the only African State entering into a University of Pennsylvania, Museum of US/ICOMOS Web site, 237 bilateral agreement with, 141 Archaeology and Anthropology, 43 US-Italian memorandum, slippage between the most pirated indigenous innovations filed for University of Philadelphia, objects excavated in concepts of archaeological knowledge patenting, 367 Iraq, 43 and cultural property, 42 museum attendance in, 421, 422 University of San Marcos, 112 USPTO, study on the protection of official museums in University of the West Indies. See UWI insignia of Native American tribes, 333 looted Mayan artifacts in, 43 unlimited trade (and circulation) versus absolute U.S.S. MONITOR. See MONITOR national heritage areas and corridors in, 220 protection, 70 UWI (University of the West Indies), Masters no export restrictions on works of art, 159 unplanned tourism, dangers of, 423 degree programme for Heritage Studies, not giving source nations a “blank check,” unprovenanced antiquities, 52, 53 50 160 acquired by private collectors, 57 not obligated to enforce export controls of acquisition contravening the ICOM code, 54 Valdez, Juan Antonio, 18 another state, 194 in famous museums, 53 valid title as defined in the Code of Ethics for ocean policy of, 284 sale of, 52 Museums, 380 perspective on the licit and illicit international as time bomb for museum, 56 values-based management of heritage in art trade, 159 unprovenanced material, 55 Australia, 212–213 policy on the international movement and unprovenienced objects, 43 Van Gogh paintings trade in cultural property, 159 unprovenienced pieces, research value of, 44 Jardin aAuvers,` 192 present at Angkor through the World un-ratified treaties, 80 Portrait of a Young Peasant, 192 Monuments Fund, 150 UNSC Resolution 1483, 81 Van Gogh, Vincent, 175 regulation of archaeological finds in, 165 unseen creative power, 23 van Houtte, Prof. Hans, 466 request from Bolivia for Request for US Ur, artifacts excavated from, 38 van Niekerk, Gerry, 314 Import Restrictions to Protect Bolivian urban planning proposal for the Great Van Praet, Michel, 419 Cultural Heritage (1999), 132 Metropolitan Area (GAM), 453 vandalism, cultural, 29 request of China to under the 1970 UNESCO urbanized population of Australia, 210 variety of terminologies, complicating the Convention urgent measures in CPUCH, 290 identification of overriding rules, 83 request submitted to the Government of by Uruguay VASA, 297 Colombia in agreement with the ratification of the 1972 UNESCO Convention vase fragments Convention on Cultural Property (1989), 134, 135 as teaching and research objects, 45 Implementation Act, 121–123 ratification of the Hague Convention (1999), tens of thousand in Italian museums, 45 tourism second largest employer, 420 134 Venezuela, applying Decision 391 directly, 128 UNIDROIT Convention ratification and, 196 UNIDROIT Convention and, 134 Vento, Rep. Bruce F., 223, 236, 237 unrestricted land development in, 236 Uruk vase, 38 venue for the mediation, 479 war manuals U.S. Commission on Ocean Policy, 284 verbal expressions, 329 treatment of obligations as part of U.S. Department of Defense, visited by Verbundplan, 256 customary law, 38 archaeologists and museum Vergulde Draeck (1656), 303 World Heritage Convention and, 234–237 representatives, 58 verifiable link xenophobia in, 236 U.S. Department of State under CPUCH, 290 United States Department of State. See U.S. adoption of Cultural Property states with a, 310 Department of State Implementation Act and, 160 with underwater cultural heritage, 290 United States of America v an Original amicus brief on behalf of the Republic of Vermay, Jean-Baptiste, 239 Manuscript, 162 Austria, 174 Viceroy and Republican cultural goods in Peru, United States of America v. Frederick Schultz, 167 Bureau of Educational and Cultural Affairs, 2 106 United States of America v. Portrait of Wally, responsible for Convention on Cultural victim States of illicit trade in cultural property, 167–168 Property Implementation Act, 41 179 United States v. An Antique Platter of Gold, Known website for objects controlled pursuant to Vienna Convention (1980) as a Gold Phiale Mesomphalos, c. 400 BC, CPIA, 404 limited significance of, 78 164–165 U.S. Department of the Interior non binding nature of, 78 United States v. F. Schultz case, 70 coordinating participation in the World Vienna Convention on the Law of Treaties United States v. Hollinshead, 165 Heritage Convention, 234 Article 31 of, 208 United States v. McClain, 165–166, 400 interpretations of “Native American” and interpretation set out in, 206 United States v. Pre-Colombian Artifacts, 166–167 cultural affiliation,” 7 “A View of Hampton Court Palace” (Jan universal consensus on the destruction of the rulemaking determining the disposition of Griffier), 183 Buddhas, 1 prehistoric remains, 6 Village Museum in Dar-es-Salaam, Tanzania, 390 Universal Declaration on Cultural Diversity US Dillingham Constructions, 211 Villaroel, Gualberto, 124 (1991), 15, 413 U.S. Food and Drug Administration. See FDA Villazon,´ Eliodoro, 124 Universal Declaration on Human Rights, 342 U.S. Indicative Inventory of Potential Future vino de mezcal (mezcal wine), 217 universal museums World Heritage Nominations, 234 violence, permanent state of leading to massive archetypal, 379 U.S. Information Agency (USIA), request seeking destruction of archaeological sites, 433 establishing a higher degree of immunity from the protection of import controls Virgin Birth, 23 claims for repatriation, 379 submitted to, 141 Virginia Museum of Fine Arts, subject to an universal values U.S. National Park Service Office of International Egyptian claim on an object acquired being considered for nomination to the World Affairs Web site, 237 long before the 1983 patrimony law, 403 Heritage List, 218 U.S. National Stolen Property Act. See NSPA Viswanatha, Avui Thiru, 92

Index 561

voluntary codes of conduct and research Whiting, John, 48 proposal for protection against protocols, protecting traditional Whitlam, Gough, 210 misappropriation, 348 knowledge, 355 WHO (World Health Organization), 13 proposed outline for a system for the voluntary reporting initiatives for environmental Expert Committee on the Specifications for protection of traditional knowledge reporting, 274 Pharmaceutical Preparations, 372 against misappropriation, 346 volunteer service, generated in national heritage global strategy on traditional medicines, 372 study commissioned by, 8 areas, 228 good manufacturing practice (GMP) work concerning specific means of legal Von Doussa, Justice, 8 guidelines for the manufacture of herbal protection against misuse of traditional Von-der-Heydt-Museum Wuppertal, 187 medicinal products, 372 materials, 328 Vue de l’Asile et de la Chapelle de Saint-Remy, guidelines for the assessment of herbal WIPO Arbitration and Mediation Center, 478, rightful ownership to, 175 medicines, 372 480, 487 guidelines for the use of herbal medicines in model contract clauses and submission Wai 262 claim, 352, 358–359 Western Pacific countries, 372 agreements, 478 Wai 262 claimants, LEGO meeting with, 356 wi, 25 providing meeting rooms in Geneva, 479 Walker, William, 452 Wiedergutmachung (reparations) for the WIPO Committee Walter, Jacques, 192 injustices committed by the Nazi Regime, approach of flexibility for national policy and Walter Roth Museum of Anthropology in 185 legislative development, 331 Guyana, 47 wild agave. See metl capacity-building assistance provided by, 339 WAMP, AFRICOM cooperation with, 392 Wildenstein, Alec, 173 discussions with, 327 war, 36. See also specific country or war Wildenstein, Daniel, 173 WIPO Performances and Phonograms Treaty in Afghanistan, 30 Wildenstein, Guy, 173 (WPPT), 332, 338 archaeological sites as source of income Wildenstein & Co., Inc., 173 WIPO proposal, Core Principles, 344–345, during, 57 Wildenstein Gallery, aryanized during World 348–349 cultural destruction during War II, 173 WIPO/GRTKF/IC/7/5, 343, 344, 348–351 as weapon, 2 Wiley, Mr. John, 315 WIPO-UNESCO Model Provisions for National cultural heritage preservation during, 33 Wilhelm Lehmbruck Museum, 186 Laws on the Protection of Expressions of cultural heritage protection during, 2, 11 Willamette meteorite, repatriation of, 415 Folklore Against Illicit Exploitation and destruction of cultural heritage during, 28, 35, Willandra Lakes, 211 Other Prejedicial Actions, 1982 (the 36, 57 William, Denis, 47 Model Provisions), 334 looting during, 58 Williams, Maurice, 10 Wireman, Peggy, 422 protection of cultural heritage during, 2, 11, Williams, Mr., Director of the New York Gallery, With Heritage So Rich, 234 33, 35 172 Wolfenson, James D., 247 States Parties obligations during, 79 Winkworth v. Christie’s Ltd, 76 women, roles in most African societies, 390 war crime, destruction or appropriation of Winkworth v. Christie’s Ltd, Manson & Woods, wooden ships cultural material as, 2 Ltd., 90 consumed by worms and clams, 297 war reparations for removal of cultural property, WIPO (World Intellectual Property even worse fate of, 297 79 Organization), 12, 141, 327 work of art, 73. See also cultural property Warin, Francis, 173 Core Principles in the proposal, 344–345 all evidence may not be at hand at the time of Warin v. Wildenstein & Co., 173 and creative traditional cultural expressions, an acquisition, 45 Warring States period of Chinese history 338 lack of authenticity of, 76 Warrior’s Head case in New Zealand, 147 criteria for protection, 338 rightofaprivateownertodestroy,35 warships, operating in conformity with UCH, discussing issues concerning the protection of Working Group of Indigenous Populations, 306 traditional knowledge and genetic 352 Washington Declaration, recommendation no. 8, resources, 13 working groups 190 draft proposals for recognizing collective constituted by PCA, 470–474 Washington Principles, implementation of, 474 interests in traditional know-how and proposal for the establishment of an IBA or Watts, Sir Arthur, 469 expressions of traditional cultures, 336 PCA on cultural property disputes, Waverley Committee, 196 draft provisions on traditional cultural 473–474 Waverley criteria, 196 expression, 338 working landscapes, heritage areas as, 228 way of life as culture, 15 duration of rights under, 347 works of antiquity, examples of how and why WCO (World Customs Organization), 134 establishing agreement on objectives, 343–344 museums should acquire, 45 WCPA Task Force on Non-Material Values, 202 exception provisions, 338 worksofart Welchman Hall Gully, owned by the Barbados existing IP protection, 338 ADR regime for repatriation of, 483–487 National Trust, 437 fact finding missions conducted by, 342 beauty manifested by, 44 well-being index for African cultural heritage, formalities, 338 cultural and legal specificity, 68 144 full range of materials serving, 336 cultural specificity of, 68 Welser, Prof Rudolf, 463 IGC of, 356 defining “illicit” trade in, or acquisition of, Wendland, Wend B., 18, 463 Intergovernmental Committee on Intellectual 74–75 Wertheimer, Pierre, heir of, 173 Property, Genetic Resources, Traditional export tax on as a protective measure, 192 Wertheimer v. Cirker’s Hayes Storage Warhouse, Knowledge and Folklore, 327 international transactions of, 68 Inc., 173 latest developments in the work of, 336–339 law of the country of origin governing the West Africa Museum Programme (WAMP), 388 means to be used to achieve objectives, 344 export of, 77 West African Archaeological Association mediation making available for study, 43 (WAAA), 388 neutrality of the process safeguarded by, meanings of, 44 Western Australian Museum, 303, 304 477 recovered in Paraguay, 135 Western Cave Treasure, 54 Mediation Rules, 478 regulation of the importation and exportation western knowledge as parallel with indigenous confidentiality safeguards, 479 of in France, 197 knowledge, 16 prohibiting the disclosure of the existence as returning illegally exported to the country of western philosophy, compared to indigenous, 22 well as the outcome of a mediation, 477 origin, 45 western world, property as private property, 10 Model Provisions for National Laws on the selling abroad at a higher price, 76 Wet Tropics case, 207 Protection of Expressions of Folklore United States no export restrictions on, 159 whakapapa, 416 Against Illicit Exploitation and Other value as documents of culture, 44 “what museums for Africa?” question, 388 Prejudicial Actions (1982), 126, 132 which changed ownership under the Nazi White, Lesley, 429 program on genetic resources, 336 regime, 185

562 Index

world sixteenth ordinary session (1992), 148 World Heritage sites damaged caused to by our society, 24 struggling with exclusive use of intangible compared to National Estate sites, 212 foundations of, 26 values, 203 old Havana granted status as, 240 of Se,´ 23 United States as a member of, 234 world heritage values of a world heritage as a single, interconnected whole, 24 World Heritage Convention (1972), 12, 35, 116, property, 208 World Bank 201, 234 World Intellectual Property Organization. See assisting in the preservation of cultural Australia judicial experience, 206 WIPO property, 243 buildings defined in, 116 world markets, phenomena of, 365 Comprehensive Development Framework CARICOM countries signatures of, 48 World Monument Fund (WMF) (CDF), 245 cultural heritage defined in, 116, 201 at Angkor Wat in Cambodia, 90 context for preserving physical and cultural cultural heritage within, 208 at Bantaey Chmar, 155 resources, 245–247 cultural Landscapes defined under, 216 IFAR’s set of photographic and index cards drafting a new operational policy, 247 duties lying on Afghanistan for its stored at, 111 EIA requirements of, 269 membership to, 32 international funding to Cinque Terre, 202 environmental assessment ensuring protection of cultural heritage, 37 World Tourism Organisation, 420 guidelines, 246 and environmental movement, 12 World Trade Organization (“WTO”), 13 process, 247 high rate of ratification to, 35 World War II, looting of cultural goods on a sourcebook, 246, 269 interpreted by Australian, 208 massive scale, 3 environmental management plans required by, as the key international document defining World Wide Web, accessing, 416 270 and supporting cultural heritage, Worldwide Compliance Director of Sotheby’s, guidelines for social impact assessment, 245 163 268 lack of precision in the language of, 207 WPPT, 332, 335 incorporating the international community’s legal obligations under, 206 W.R. Grace, U.S. patent on a pesticide derived commitment to protecting physical membership binding parties to conserve and from the seeds of the “Neem” tree in cultural resources, 246 protect their own cultural properties, 33 1991, 9 internet site to harness knowledge on the social not threatening the interests or sovereignty of Wreck and Salvage Act, Act No. 94 of 1996 impacts of oil and gas operations, 270 the United States, 237 (South Africa), 318 new guidelines for the assessment of impact overview of wrecks. See shipwrecks; specific ship on cultural heritage, 249 Preamble of, 12 as one of the world’s largest sources of ratified by Cuba, 240 Xia Dynasty development assistance, 247 regional technical workshops to interpret, Xinca civilisation operational policies, 247 50 disappearance of in Guatemala, 97 policy on physical and cultural resources, 15, United States and, 234–237 remains of the ancient, 95 245 World Heritage criteria for outstanding universal Pollution Prevention and Abatement Handbook value, 218 Yeager, Brooks B., 236, 237 1998 containing guidelines, 266 World Heritage in Danger List, 237 Yellowstone National Park, 236 proposed support of an oil rehabilitation World Heritage List, 201 Yolngu people (Australia), 214 project in Siberia, 270 Angkor site included permanently on (1995), Young, Rep. Don, 237 special procedures for developments affecting 149 Young Researcher club, 389 indigenous peoples, 269 criteria for selection Younger Brother standards and guidelines relating to cultural cultural landscapes in, 202, 216 concept of development, 27 resource conservation, 243 cultural landscapes inscribed in, 216 interference of, 27 strategy for preserving physical and cultural gaps on, 204 perspectives of the future, 27 resources, 247 including Angkor monuments on, 148 Yuganskneftegas, joint venture with Amoco World Bank Technical Paper No WTP 62. See inclusion is conclusive of status, 207 Eurasia, 270 Bank Paper Kathmandu valley on, 66 Yugoslav Forces (JNA), shelling of Dubrovnik, World Business Council for Sustainable no Afghan properties inscribed on, 32 36 Development. See WBCSD nomination of sites to, 234 Yugoslavia, asserting claim to the Sevso Treasure, World Conference of Indigenous Peoples on nominations of new types of properties to, 170 Territory, Environment and 50 Development (1992), 127 nominations to ZAP (Zeugma Archaeological Project), 258 World Conservation Union. See IUCN economic factors affecting, 207 Zeewyk (1727), 303 World Health Organization. See WHO old Havana added to, 240 Zeugma (the Bridge) World Heritage areas proposed registration of Banteay Chmar and as an amazingly well preserved city, 255 in Australia, 210 Preah Vihear in Cambodia, 155 archaeological records from, 258 listed as mixed sites in Australia, 212 remains of the two giants Buddhas and the artifacts recovered at, 258 World Heritage Center, home page of, 237 area of Bamiyan now inscribed on, 33 bullae recovered from, 258 World Heritage Committee, 50 sites currently included on, 245 conservation work at, 259 alerting to possible dangers to properties tangible and intangible values, 202 excavation areas at, 258 categories of cultural landscapes, 201 U.S. inscriptions on, 235 rescue operations, 259 considered the Buddha statues of “inestimable World Heritage listing, as a policy instrument in safe reburial of excavated areas at, 259 value,” 33 Australia, 211 threatened treasures of, 255 decided to make an in-depth study of the World Heritage Properties Conservation Act Zeugma archaeological Project. See ZAP Angkor Site, 148 (1983), 211 zhatukwa´ (oracle), 21 dichotomy of views expressed by expert in Australia, 206 Zhou Dynasty bodies, 214 constitutional validity challenged by zone of special significance to tourism, 241 inscribed the site of Angkor on the List of Tasmania, 206 zones, Siem Reap/Angkor region divided into, World Heritage in Danger, 148 World Heritage properties, management of in 149 resolution adopted expressing concern about Australia, 212 Zoning and Environmental Management Plan threats to the Buddhist statues of World Heritage secretariat, regular interventions (ZEMP) for Angkor, 149 Bamiyan, 30 of, 50 Zuytdorp (1712), 303