2011 Cultural heritage legal summary

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.     

2009 Cultural Heritage Legal Summary

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.     

水下文化遗产原址保护研究概述

长年埋藏于水下的文化遗产,在适应周围的化学、物理及生态环境后可达到一种平衡的保存状态。通过概述水下埋藏环境对文物产生的影响,并对国外文物保护工作者在沉船、水下文物点、古代聚落遗址等类型水下文化遗产原址保护的成果进行研究,为中国水下文化遗产保护相关工作的开展提供一定的借鉴。     

Natural and cultural heritage

We receive communal legacies from two sources—the natural environment and the creations of human beings. To be sure, these inheritances everywhere commingle; no aspect of nature is unimpacted by human agency, no artefact devoid of environmental impress. Yet we have traditionally dealt quite differently with these two kinds of legacy. Though management of both heritages has many features in common, and both realms often share similar, if not the same, leaders and spokesmen, relations between the two are marked less by cooperative amity than by envy and rivalry. This essay discusses the reasons for our dissimilar approaches to nature and culture, and shows how they bear on the campaigns to protect and preserve each. In some important ways, the history, politics, and rhetoric of conservation and destruction are shown to have converged, in others to have diverged, over the last half century.     

中国建筑遗产再认识

中国仿生的构架体系建筑,在历史早期就已传播到邻近的东亚国家,从而形成了一个东方建筑体系。18世纪以来,又影响到欧洲,与西方新材料、新技术相结合,使摩天楼得以矗立;中国《老子》的空间学说,引起世界"近代建筑革命";中国的陶制砌块用植物油处理的原理,促成抗酸、碱的"有、无机相结合"的建材理论,被誉为世界"建材革命"。直至今日,不同于西方"花园"(ga rden)和"林园"(pa r k)的中国人为环境与自然环境相融合的园林原理,促成了现代景观学;中国的精神与物质统一功能场效应的风水学说,已经在日、韩、美、德、法等西方国家兴起。作为全人类的财富——中国建筑遗产,将继续对人类生存环境的建设做出贡献。     

The securitisation of cultural heritage

ABSTRACT

It is not a novelty for art to come under attack: cultural heritage has always been endangered by wars, conflicts and political violence. Since the last century, the international community has started reacting, moved by the concern that these threatened monuments be protected. Lately, cultural heritage can be seen to undergo a veritable crescendo from politicisation to criminalisation and securitisation. Accordingly, this article seeks to analyse the pathway that characterises the international protection of cultural heritage in crisis-torn contexts, employing a discursive lens and mapping the narrative threads that the main international actors have constructed in reaction to recent attacks on archaeological sites (i.e. Palmyra) and historical artefacts, especially in the Middle East (namely Syria and Iraq). After having traced this process, we will offer a tentative explanation of what we consider a process of securitising an under-researched field (i.e. cultural heritage).     

Averting loss aversion in cultural heritage

According to Daniel Kahneman’s theory of loss aversion in behavioural economics and decision theory, people tend to prefer strongly avoiding losses to acquiring gains of the same value. A recently proposed alternative explanation of the same behaviour is inertia. In this paper, I am heuristically transferring these observations from the realm of economics to the realm of cultural heritage. In the cultural heritage sector of the Western world there has long been a preference for avoiding losses over acquiring gains of the same value. Maintenance of the status quo of cultural heritage is typically perceived as being superior to loss or substitution. However, social anthropologist Tim Ingold recently advocated a view that challenges this preference for loss aversion by considering both people and buildings as something persistent, continuously re-born, and constantly growing and going through a process of ever new creative transformations. By appreciating heritage objects as persistent and continuously being transformed in ongoing processes of change, growth and creation, the preference for loss aversion can be averted and a more dynamic view of cultural heritage be adopted that is better able to work through cases and examples like those presented in this paper.     

满族刺绣与非物质文化遗产的保护

本文通过概括介绍满族刺绣的发展与现状,提出保护满族刺绣的重要性,同时援引国内外传统文化保护的成功案例,进而归纳出具体的保护原则与方法.满族刺绣工艺的代表项目是国家级和省级非物质文化遗产,对其保护和利用的研究是我省非物质文化遗产保护工作研究中的重要个案.     

Degraded towns in Poland as cultural heritage

This paper discusses how the concept of cultural heritage is currently used in relation to the so-called degraded towns (i.e. deprived of their urban status) in Poland. It shows the role of heritagisation in the process of restitution of urban status, and addresses the effects of the ongoing revitalisation of degraded towns in order to restore their lost urban glory. I argue that the Polish understanding of urbanity is ambiguous, muddling formality with cultural connotations. I address how such convolution both rewrites history and affects modernity by the imposition of values and foreclosures. I also discuss how alterations to the built environment made in the name of cultural heritage (revitalisation) are often conducted with disregard to identity, authenticity and historical hybridity, and how the introduction of ‘history’ into a modern arena affects the local society. I conclude that considering degraded towns as a special form of cultural heritage is a new construction, where coupling of the disconnected dimensions of the Polish understanding of urbanity becomes even more apparent. I stress that this field is neither sufficiently differentiated nor problematised, and that cultural heritage relating to degraded towns is often taken for granted.     

Protecting contemporary cultural soundscapes as intangible cultural heritage: sounds of Istanbul

This paper aims to evaluate culture and traditions of everyday life from a sonic perspective and to suggest ways for protecting characteristic sounds and soundscapes. This multidisciplinary research, having roots in such fields as soundscape studies, intangible cultural heritage (ICH), museum studies and sensory studies, explores the larger contemporary cultural soundscape of Istanbul. This paper also draws on the project The Soundscape of Istanbul (https://soundscapeofistanbul.ku.edu.tr/), which is archiving the contemporary elements of the cultural soundscape of Istanbul that were determined by public contribution, and outlines examples from this collection. Sounds constitute an inevitable part of daily life and are therefore very important as ICH. Thus, they deserve to be protected to strengthen cultural memory. However, sonic culture is twice endangered due to the physical characteristics of sound itself and the dynamic structure of intangible culture. Therefore, urgent protection of contemporary cultural soundscapes in the context of ICH is crucial for transferring the present sonic environments to following generations in order to maintain cultural identity.     

Conceptualising the subjective authenticity of intangible cultural heritage

Authenticity is a significant concept in the heritage field. However, the connotations of authenticity and its relevance to Intangible Cultural Heritage (ICH) need further consideration. This paper ascertains the function of authenticity in the heritage field and reconceptualises authenticity so as to relate it to ICH. The subjectivities of ICH practitioners, as well as their subjective perspectives and experiences are privileged in this research, in line with the general aims of Critical Heritage Studies. Drawing on the idea of ‘existential authenticity’, which was developed in tourism studies, this paper presents a concept of ‘subjective authenticity’ with which to describe the ability of ICH practitioners to convey the dynamic, subjective and developing ICH values in both intrapersonal and interpersonal embodiments. Using case studies of ICH from Lijiang, China, the idea of subjective authenticity is evidenced and illustrated. Meanwhile, the materialist or ‘objective’ authenticity that exists in the Chinese Authorised Heritage Discourse is critiqued as inappropriate. Theoretically, this paper investigates people’s subjectivities and experiences in the process of ICH value-making, as well as identity-making. The results contribute not only to the establishment of an inclusive concept of authenticity in heritage studies, but also to the theorisation of existential authenticity in tourism studies.     

Learning from cultural engagements in community-based heritage scholarship

This article explores the intellectual and methodological values of cross-cultural and institutional engagements in community-based heritage initiatives, specifically a cultural exchange and university training program. The initiatives were situated in the Belizean villages of Crooked Tree and Biscayne. The cultural exchange took place between people of African Kriol and Mopan Maya descent who shared histories of engagements with archaeologists and community efforts to manage local environmental and cultural heritage resources. The university training example highlights engagements in an international community-based public history field experience. By discussing these case-studies and situating them in relevant disciplinary literatures, I demonstrate how interactions between groups embedded in community-based heritage initiatives provide valuable learning opportunities for a range of stakeholders and contribute to heritage scholarship. I discuss considerations in implementing cultural exchanges, share details about the process and results of community, academic, and institutional engagements in heritage projects in Belize, and conclude with some learned lessons about community-based heritage scholarship.     

基于风险管理理论的文化遗产地监测研究

文化遗产地的保护与管理可以视为一种风险管理。对文化遗产面临风险的识别、评估、以及对风险预防与控制,从而实现低成本、高效率的保护与管理文化遗产,体现的是预防性保护的思想和理念。本工作以风险管理理论为指导,通过对文化遗产地风险管理的内容和方法进行研究和分析,提出目前监测工作所面临的一些重要问题,为改进我国文化遗产地监测工作的开展,构建我国文化遗产地监测体系框架以及提高文化遗产地的预防性保护与管理水平提供参考和借鉴。     

完善文化遗产保护的学科建设

文化遗产保护的学科建设的重要性虽然已被普遍认识,但学科建设尚不完善、不成熟.无论是文化遗产保护的教学课程,继续教育培训提高本行业专业人员的业务水平,还是需要取得社会各界的学术地位认可,都说明要加强这门学科的迫切性.在学科的定义、内涵、特征、研究方法和前沿领域等方面需要进一步研究和讨论,使其健全、成熟.提出从完善学科自身的理论与方法入手,从管理上推进学科建设的具体措施等建议.     

The HMS Swift shipwreck: The development of underwater heritage protection in Argentina

Abstract

The aim of this article is to evaluate, with a critical perspective, the legal framework for heritage protection in Argentina, viewing it within an international context and focusing on the HMS Swift shipwreck – sunk in Puerto Deseado (Santa Cruz province) in 1770 – as a case study. Moreover, some initial proposals for a management plan are presented as a first step in thinking about the challenges of preserving underwater sites in Argentinian Patagonia.

Through this analysis some interesting points are outlined, including the reasons that make the Swift shipwreck a leading case in Argentina. It is the first interdisciplinary underwater archaeology project in the country comprising archaeologists who are also divers; it is supported by national authorities; and it is the first project of its kind to give underwater archaeologists experience in dealing with archaeological research and preservation in an environment of multiple conflicting interests.

The international relevance of the Swift case relies on the nature of underwater cultural heritage as an international resource. The project's history is located in an international setting, derived from ihternational trade and communication, in which many ships and their contents have been lost far from their origin or destination. At a national level the Swift is a wreck with significant historical and cultural value. It is in a unique state of preservation and its location near to the shore makes it highly accessible. Locally,HMS Swift will be relevant when Puerto Deseado's community starts to recognise it as a significant part of their own heritage and local people become involved in the preservation of the wreck.     

Destruction,mitigation, and reconciliation of cultural heritage

Attacks on built cultural heritage often occur during times of armed conflict. Many such acts are not collateral damage, but rather are deliberate and ideologically driven assaults intended to eradicate the adversary’s identity and collective memory. They represent ‘urbicide’ and ‘identicide’. The victims typically attempt to mitigate the loss, frequently by reconstructing the lost historic place and thereby restoring tangible evidence of their identity. Reconstruction, however, is itself an ideological act and a destructive activity, since it erases memories of the violence and removes physical evidence. The United Nations Educational, Scientific and Cultural Organisation has commemorated several cultural heritage sites that have been destroyed and subsequently reconstructed, by inscribing them on the World Heritage List. Although this ensures the perpetuation of their memory, it may distort the original purpose of the list as a celebration of ‘outstanding universal value’. Beyond commemoration, a desired outcome is reconciliation. True reconciliation requires the release of anger and pain, so that memories of the violence may be retained without a desire for retribution. This article looks at a selection of acts intended at destroying cultural heritage, including some that did not occur during war, and examines means and motives for achieving mitigation and reconciliation.     

The natural and cultural landscape heritage of Northern Friesland

This article argues for an approach to environmental and heritage studies beyond a conceptual divide between nature and culture. Based on ethnographic fieldwork, the case of the ongoing debate about the nomination of the Wadden Sea as a UNESCO Heritage Site gives insight into the complexity of attitudes towards the area in question, of widely differing perceptions and values. The focus on the detailed analysis of the controversies about the ‘Schleswig‐Holstein Wadden Sea’ National Park and the public debate in Northern Friesland about the UNESCO heritage highlights the political dimension of conservation strategies. Instead of recurring to the concepts of pure nature, pure culture and its relating marketing value, I propose to adapt the historically rooted concept of political landscape. Once a form of political organisation and practice in Northern Friesland, the concept of political landscape challenges the UNESCO heritage conception and offers new perspectives on conflicts between local population and nature conservation.     

An overview of Caribbean and Latin-American cultural heritage studies

Abstract

This review analyzes, through three recently published books that talk about cultural heritage in Latin America, how the Cultural Heritage Studies have allowed us to understand the current situation in the region characterized by the growing tendency to promote declarations of heritage as part of a plan for the use of culture as a resource for sustainable development. Likewise, those books analyze how responses from local communities are generated to hegemonic definitions of heritage, which indicates that cultural heritage in Latin America is not something given but something in constant construction and dispute.