The Fundamental Importance of Archaeological Context

Research on humanities and social sciences, 2014

One of the most important and pressing issues in Heritage Management in the World has been the effective protection and preservation of the Archaeological Heritage by the use of Heritage legislation. Over many years, copious legislations have been promulgated for the protection of cultural properties but these are not effective for protecting antiquity. In some countries thefts and illegal exportation of antiquities have been a reoccurring problem. What is the cause of this futility in heritage management? Is it a matter of the types of legislation promulgated from country to country? Why do some countries succeed in protecting their heritage while others seem to fail? This study will examine some aspects of the various laws and legislation, especially the very early ones that were enacted in seven countries namely Australia, Czechoslovakia, Denmark, New Zealand, Nigeria, Poland and Sweden. The essay will also focused on various ways in which Archaeology has been made popular throug...

Chi. J. Int'l L., 2007

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).

The study delves deeply into the historical contexts of the countries involved, examining how the idea of cultural heritage and its protection under international law has changed through the years and in various social, economic, and political climates. When preserving cultural assets under public international law, we also consider the humanitarian aspect of this phenomenon. The study examines whether people and groups limit a state's power to act beyond limitations imposed by other states and international organizations. This research further examines the role of international human rights laws in this setting, the preservation of the individual's connection to cultural products, and whether or not an individual becomes a significant player in international law. The study's findings provide conclusive evidence of the pivotal catalytic role that UNESCO and similar international organizations play in the worldwide preservation of cultural heritage. UNESCO is the principal venue for monitoring whether or not states are adhering to international protection principles. Whether or not UNESCO can be effective without ratification processes for cultural preservation has to be investigated more deeply. The study's findings indicate that protecting cultural assets involves a wide range of aspects, including the rights and responsibilities of governments and the rights of cultures. In addition, our research suggests that the ever-evolving international legal system can improve its framework, which is relevant to preserving cultural treasures.

Springer eBooks, 2018

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In Protection of First Nations Cultural Heritage: Laws, Policy, and Reform, edited by C. Bell and Robert Paterson, pp. 203–220. UBC Press, Vancouver. , 2008

The topic will be about how the Philippine government handle archaeology through the institutions such as the National Commission on Culture and the Arts, National Historical Institute, National Museum, etc. and through the national cultural heritage acts and laws such as the Omnibus Cultural Heritage Law. As such, this paper will also contain some information about heritage, both tangible and intangible. This paper will also cover international laws and guidelines with regard to cultural heritage and archaeology such as archaeological sites, and possible repercussions of violating the agreements. The paper will tackle as well, the future of archaeology in the Philippines.

The presented thesis shows the examples of good practices in world heritage conservation from legal point of view. The examples are chosen arbitrarily by the author and do not intend to cover all the intricate matter as vast as antiquity conservation all over the world. There is a strong need to find equality in obligations and duties between parties leading archeological missions: sponsors and specialists versus the right of the host country to keep the integrity of the discovered objects. Archeological excavations are led by international missions, which means that different parties must set up an agreement in order to make excavations start. There is a necessity to deal with different legal regimes and to manage to make an agreement among all the parties involved in the excavation process. The role of sponsorship and the specialists executing the works is prevailing. However, the most important issue concerning world heritage conservation seems to be the integrity of objects being excavated, its integral parts and the uncountable value they present to the civilization. It is well proved that executing and financing parties of archeological missions often borrow or take some discovered objects as a consequence of a barter contract. This is a common practice which resulted in disagreements in the past, but on the other hand it is the only possibility to not only preserve these objects, but also to present them to the public in the future. There are countries that implemented detailed procedures concerning excavations on their territory. The thesis proves the necessity of preparing the detailed civil contract in order to prevent parties from eventual disputes arising on the field of mutual right and obligations. Before the beginning of excavations each party needs to know its duties. The eventual advantages each party is going to get must also be carefully described. Apart from the right of the hosting country to keep its heritage integral, the author is trying to depict the right of the party sending its specialist to lead excavations, and the right of the donors or sponsors who provide financial means. The above-mentioned specific arrangements in agreements concerning excavations allow to state such contracts as belonging to the sui generis group of contracts as prove the examples of essentialia negotii in the contracts.

2009

Encyclopedia of Global Archaeology, 2014

European collaboration, in Belgium last year, which we publish in full. This is a perceptive survey of the under-used potential of the Forum and its members and an indication of how it might best be deployed, by a professional archaeologist who has succeeded in standing back from the preoccupations of his profession. His vision of a heritage protection movement akin to and perhaps allied with the Green movement is an alluring one, worthy of consideration and implementation. In the closing years of the 20th century the philosophical, legislative, and organizational apparatus for the protection and management of the archaeological heritage is slowly fitting into place in certain parts of the developed world. But much remains to be done, and quickly, otherwise little is likely to survive into the 21st century and beyond.

The article discusses the achievements of international legal regimes for the protection and safeguarding of cultural heritage, focusing on the regimes created under the auspices of UNESCO. It argues that, even though there are many achievements of these regimes, and that these should be celebrated, each major achievement (bright side) casts a shadow (a dark side), which comes to show the unintended consequences of international heritage law. The dark sides often stem from an over-reliance on the law as a vocabulary for articulating heritage matters, while overlooking the limitations of the law as a discipline and a tool in the constantly-changing realm of heritage. The article calls for a more self-aware international heritage law, one that is willing to consider both the lights and the shadows of these regimes.