Papers by Patty Gerstenblith
The looting of archaeological sites has persisted for centuries, but since the end of World War H... more The looting of archaeological sites has persisted for centuries, but since the end of World War H its scope has grown dramatically while, at the same time, the ability of scientific excavation to recover critical historical and cultural information has been revolutionized. The divergence in these two paths has made the question of preservation of the past, so that knowledge and understanding in the future can benefit, of ever greater urgency for the public interest and has led to the development of particular legal and public responses. One of these responses is the restitution of stolen and looted cultural objects to their owners. In proposing that the remedy of restitution is one of the most effective means of encouraging preservation of the past, it is necessary to examine that public interest and the methods that have evolved for effectuating it. The word, restitution, means a remedy involving return.' In discussing restitution, it is necessary to acknowledge that there are,...
SSRN Electronic Journal, 2016
A ll too often, cultural institutions frame their online terms of use by telling users what they ... more A ll too often, cultural institutions frame their online terms of use by telling users what they cannot do with the content made available on their website, rather than focusing on what users can do with that content. We don't want to make the same mistake. The intellectual concerns that underpin this project are explored at length in this publication, but first and foremost we want users to engage with Display At Your Own Risk, creatively and otherwise. So, here are some of the things that you can do with the images and files within this online resource: print them out for pleasure or for study; hang them on the walls of your home or office; use them to create your own digital or analogue artwork; use them to order fabric and make curtains, a tablecloth, or something wearable; take the metadata and repurpose it, perhaps as a poem or as lyrics for a song. These suggestions are by no means exhaustive. You should be guided by your own intuition and interests. And above all, take time to enjoy the works in this exhibition. We have. You could, of course, decide to host your own version of Display At Your Own Risk. If so, you have two choices: you might choose from the selection of works included in the Display At Your Own Risk exhibition folder; alternatively, you might choose to curate your own exhibition. Should you choose the latter, instructions for how to Curate At Your Own Risk are included in the open source exhibition file, along with the exhibition folder containing our selections. But whatever you do, please share with us your use of this experimental exhibition by tagging it on Twitter and Facebook as #myDAYOR. Display At Your Own Risk features digital surrogates of public domain works of various sizes, resolutions, and formats printed to the material object's original dimensions. The exhibition is guided by a number of concerns. By printing the digital surrogate to the work's original dimensions, it invites reflection on the nature and quality of the reproductions that institutions make available online in place of the material object within their care. It considers the meaning of concepts such as access, transparency and user engagement in an age where digital collections are becoming increasingly relevant. And it explores tensions inherent in the ownership and use of cultural heritage, as well as the validity of the authorial claims that institutions assert over these digital surrogatessurrogates that are often viewed as new and independent assets. x i The digital surrogates selected for the exhibition represent some of the most treasured material objects of cultural heritage in the world. This catalogue is a testament to the cultural institutions trusted with the protection and preservation of these objects, as well as the difficulties overcome in making digital surrogates and releasing them online. The curator expresses her deep gratitude to the 52 institutions from 26 countries whose generous efforts have made this exhibition possible. It is with great pleasure that this collection of 100 digital surrogates is presented to the public.
Journal of Field Archaeology, 2012
Abstract This article summarizes the legal developments during 2011 that affect archaeological he... more Abstract This article summarizes the legal developments during 2011 that affect archaeological heritage. Among the more significant developments were advances in and challenges to the use of international law in deterring the trade in undocumented antiquities and questions of whether artifacts on loan to U.S. institutions from Iran could be used to satisfy judgments against Iran awarded to victims of terrorist bombings. Finally, the article presents a preliminary assessment of the impact of the "Arab Spring" conflicts on cultural heritage preservation.
Journal of Field Archaeology, 2013
Many museum and professional associations, particularly in the United States, have adopted a 1970... more Many museum and professional associations, particularly in the United States, have adopted a 1970 standard for the acquisition of archaeological materials-that is, in recognition of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, archaeological objects should be documented has outside of their country of origin before 1970 or have been exported legally after 1970. This article explores the extent to which this standard has been adopted, its influence on restitutions and claims for restitution of archaeological objects, and the policies that this standard attempts to promote.
Journal of Field Archaeology, 2005
... This same proactive stance is also welcome in the do-mestic arena. Archaeologists ... States.... more ... This same proactive stance is also welcome in the do-mestic arena. Archaeologists ... States. Iraqi Antiquities In December 2004, President George W Bush signed into law the Emellfency Protection for Iraqi Cultural Antiq-uities Act. ...
Journal of Field Archaeology, 2007
... Sills, Travis in press "Judicial Conversion of Culture: Attaching Embodiments of Ancient... more ... Sills, Travis in press "Judicial Conversion of Culture: Attaching Embodiments of Ancient Culture to Judgments in Civil Proceedings:' in Sherry Hutt, ed., Yearbook of ... Watson, Peter, and Cecilia Todeschini 2006 The Medici Conspiracy: The Illicit Journey of Looted Antiqui-ties. ...
Journal of Field Archaeology, 2009
... 8621): 92. Kersel, Morag M., Christina Luke, and Christopher H. Roosevelt 2008 "Levant V... more ... 8621): 92. Kersel, Morag M., Christina Luke, and Christopher H. Roosevelt 2008 "Levant Valuing the Past: Perceptions of Archaeological Practice in Lydia and the Levant:' Journal of SocialArchae-ology8: 298-319. Kolowich ...
Journal of Field Archaeology, 2010
Abstract In 2009, nearly 55 years after the U.S. participated in the drafting of the first intern... more Abstract In 2009, nearly 55 years after the U.S. participated in the drafting of the first international convention to exclusively address the protection of cultural property, the U.S. ratified the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. New developments concerning the U.S.’ implementation of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property through its legislation, the 1983 Convention on Cultural Property Implementation Act, continue to expand and test the parameters of the role of the U.S. in this international treaty regime. Finally, claims, recoveries, and restitution of looted, smuggled, and stolen cultural artifacts continued.
Journal of Field Archaeology, 2011
Abstract The year 2010 was a relatively quiet one for legal developments with respect to archaeol... more Abstract The year 2010 was a relatively quiet one for legal developments with respect to archaeological heritage. Some court decisions that were expected this year, such as that concerning foreign sovereign immunity for artifacts on loan from Iran to the Oriental Institute of the University of Chicago, did not materialize, while other disputes remain on appeal, such as that involving the disposition of 500,000 gold and silver coins taken from an early 19th century Spanish shipwreck by Odyssey Marine. One of the most closely watched cases, the trial in Italy of the former J. Paul Getty Museum curator, Marion True, ended inconclusively when time ran out for the prosecution. Nonetheless, recovery and restitution of cultural objects that were brought illegally into the United States continued, as did controversies concerning the bilateral agreements concluded between the United States and other nations, pursuant to the 1983 Convention on Cultural Property Implementation Act, the United States' legislation implementing the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The following review focuses on legal developments primarily in the United States, as the United States participates in international treaty regimes to protect cultural heritage.
Art Antiquity and Law, 2009
Greece enacted its first laws protecting its archaeological heritage in 84, but national ownershi... more Greece enacted its first laws protecting its archaeological heritage in 84, but national ownership Greece enacted its first laws protecting its archaeological heritage in 84, but national ownership was embodied in its Law 55/2 'On Antiquities' of 92.
Chi. J. Int'l L., 2007
Howard Demsetz, To~vard a The09 ofPvope3 fights, 57 Am Econ Rev 347 (1967) (presenung the class~c... more Howard Demsetz, To~vard a The09 ofPvope3 fights, 57 Am Econ Rev 347 (1967) (presenung the class~c statement of the effects of negattve externahues, focuslng on costs only In the monetary activity. In this Article, the term "cost" indicates any harmful effect imposed on an individual or on society as a whole. The loss of cultural value is a cost paid by society. In the field of cultural heritage law, "value" usually indicates the intangible worth and significance of original contests and rarely connotes monetary value."his Article addresses the unique aspects of the trade in antiquities, that is, archaeological objects that have, over time, been buried in the ground with an associated assemblage of other artifacts, architectural remains, and natural features. Because of its link to the looting of sites, the trade in undocumented antiquities raises legal, ethical, and societal concerns distinguishing it from the trade in other forms of artwork. In this Article, I will discuss three components. First, I will examine the harms that the looting of archaeological sites imposes on society. Second, I will discuss the responses to the problem, particularly in terms of the law that attempts to regulate this conduct, and some of the characteristics of the current legal regime and of the market in antiquities that prevent the law from achieving its full potential for deterrence. Third, this Article will examine and propose solutions to discourage site looting and encourage preservation of the remains of the past for the benefit of the future. I. UNDERSTANDING THE PAST There are several detrimental consequences of looting. First, the looting of archaeological sites imposes negative externalities on society by destroying our ability to fully understand and reconstruct the past. Humans have long been interested in the material remains of past cultures, and they have often collected artifacts as political symbols of domination5 or as a means of enjoying past artistic accotnplishments. The manner in which artifacts are recovered from the sense). Demsetz uses these concepts to lusufy the development of a system of prlvate property rlghts, reduclng transacuon costs and thereby ehmlnaung economlc lnefficlencles Id at 349. 4 The translauon of this type of value Into economlc terms IS difficult. One attempt is codlfied In the Cultural Hentage Resource Crlmes Sentencing Guldellne in whlch "archaeologlcal value" must be Included In the valuauon of a cultural hentage resource for sentencing purposes, 18 USC Appx $, 2B1 5 Appllcauon Note 2(A)(1), and 1s defined as the cost of retrieving the sclenufic Informatton from the archaeologcal resource, from research deslgn to final pubhcauon, that was harmed through commlsslon of the cultural h e r i t~e resource crlme. See 18 USC Appx $ 2B1.5 Apphcauon Note 2(C)(1).
Geo. J. Int'l L., 2005
... See, eg, Feroozi, supra note 3 (detailing with photographs the looting at such Afghan sites a... more ... See, eg, Feroozi, supra note 3 (detailing with photographs the looting at such Afghan sites as Ai Khanum, Balkh, Tepe Zargaran, Robatak, Samangan-Haibak, and Surkh Kotal); Norimitsu Onishi, A Nation Challenged: The New, Old Order; Afghan Warlords and Bandits Are Back ...
International, 2020
Provenience and provenance are terms that originated in the fields of art history, anthropology a... more Provenience and provenance are terms that originated in the fields of art history, anthropology and archaeology. When these terms are borrowed for legal purposes, their definitions need to be modified in order to enhance, rather than frustrate, law enforcement efforts. This paper analyzes these terms through the concepts of time, location, and transformation in order to propose definitions that will make them more suitable in the legal context.
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syri... more The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles of proportionality and distinction and a definition of intentionality that includes extreme negligence and willful disregard. As a result, international law may more effectively foster the preservation of cultural heritage for future generations.
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Papers by Patty Gerstenblith