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.     

POROSITY DETERMINATION WITH HELIUM PYCNOMETRY AS A METHOD TO CHARACTERIZE WATERLOGGED WOODS AND THE EFFICACY OF THE CONSERVATION TREATMENTS

The helium pycnometer allows us to measure the cell‐wall density of dry woods and the basic density of wood samples soaked with water and/or a consolidant solution if a non‐volatile solvent is used. These parameters were correlated to the porosity, which for degraded waterlogged wood is related to the maximum water content. Moreover, this has revealed the possibility of investigating, by means of accurate cell‐wall density determination, the efficacy of several consolidants in the treatment of waterlogged woods.     

Towards an Inclusive Archaeology in Jerusalem: The Case of Silwan/The City of David

Abstract

The village of Silwan, in East Jerusalem, contains the remains of most ancient Jerusalem, often termed “The City of David”. In recent years the excavation and presentation of the archaeology of Silwan has been placed in the hands of a Jewish settler non-governmental organization. Their incorporation of this site into the Jewish-Israeli narrative is multifaceted — mixing religious nationalism with theme-park tourism. As a result, conflict with local Palestinians occurs at the very basic level of existence, where the past is used to disenfranchise and displace people in the present. The volatile mix of history, religion and politics in the City of David/Silwan threatens any future reconciliation in Jerusalem, which must be based on the empowerment of local people and the adoption of a proactive inclusive archaeological stance in which the many voices of the past are heard.     

Errors of Fact and Errors of Representation: Response to Shepherd and Haber's Critique of the World Archaeological Congress

Abstract

The llisu dam in the Kurdish region of Turkey, if built, would displace up to 78,000 women, children and men, causing immense destruction of culture, past and present. The article outlines some major issues arising as a result of work by an archaeologist to examine the dam's cultural impacts, work that has supported villagers opposing the dam and aiming to contribute to campaigns in Europe. Some of the work was part of the successful campaigning from 2000–2002 that resulted in the collapse of the consortium of companies then planning to build the dam. As a new consortium revives the project, an assessment is needed: where archaeologists are working with grassroots communities who are fighting for survival, mutual accountability is required. But how difficult is this to achieve? In particular, women's case against the dam is shown to be vital in an approach that requires both objectivity and commitment from archaeologists.     

The Impact of the Franco-Prussian War on Veterans: The Company-Level Career Patterns of the French Army 1870–1895

Abstract

The German Army generally failed to capitalize on early developments in mechanization and armoured vehicles during the second half of the First World War. This article argues that, while the German military was certainly not technophobic nor resistant to change, the developments in 'machine warfare' were fundamentally inimical to the dominant cultural assumptions held by German officers concerning the nature of war, and that this goes a long way in explaining the decision not to mass-produce armoured vehicles.     

‘As Poor as Church Mice’: Bishops,Finances, Posts,and Civil Duties in the Duchy of Warsaw, 1807–13

Abstract

Relations between the Catholic Church and the secular authorities of the Duchy of Warsaw were characterized by the one’s efforts to maintain its old privileges, and the other’s modernization of the law in a Josephist spirit. Cooperation and compromise between Church and state were possible, but their relations were full of tension, which sometimes erupted into open confl ict. This article presents a wider range of problems than has hitherto been noted in the historiography. From the beginning of 1807, the Catholic clergy was expected to fulfi l new duties, because of the shortage of administrative staff. Confl icts arose over the duties of patrons, payments for the clergy, their taxes, the government’s prohibition on plural holding of benefi ces cum cura animarum, and over ecclesiastical organization in general. The place of the Church was more clearly outlined in the Constitution of the Duchy of Warsaw (1807), but the concept of the ’state religion’ was seen by some clergymen as an opportunity to spread the Church’s infl uence. Further changes opened the higher ecclesiastical ranks to commoners. The civil government and the episcopate also differed on the role of religious orders, with the former looking to employ nuns and monks in social welfare and education. Bishops complained of ministers and offi cials who did not pay priests’ salaries punctually, if at all, but some episcopal interventions led to the authorities releasing the orders from fi nancial obligations and taxes. The Civil Code, introduced in 1808, assigned the duties of registrars to priests. Insofar as divorces and civil marriages were concerned, this role could place priests in contravention of canon law, although in practice almost no such cases occurred. Despite the work undertaken by representatives of the clergy and the civil authorities, no concordat, which would have resolved these issues, was agreed with the Holy See. As a result, the period of the Duchy brought the Catholic clergy great insecurity, alongside their hopes for the Polish nation.     

Imperial Nationality Policy and the Russian Version of the History of the Grand Duchy of Lithuania in the Mid-Nineteenth Century

Abstract

This article analyses how changes in Russian nationality policy after the 1830–31 Uprising in Poland and Lithuania led to the initiative of an historical project that sought to prove the Russian nature of the Grand Duchy of Lithuania. It focuses on the tender organized by the Ministry of Education in the 1830s for the publication of a history textbook, which was to form the canon of Russian interpretations of the history of the Grand Duchy. The most important creator of this narrative was Nikolai Ustrialov. According to Ustrialov, the Grand Duchy of Lithuania was just as much a Russian state as the Grand Duchy of Moscow, with the sole caveat that the tiny Lithuanian nation had played a part in creating it. Territorial rivalry between these two states was a mere ‘family quarrel’ over which dynasty would prevail. The supremacy of the Lithuanian dynasty did not mean the victory of an alien power since the Lithuanian princes were closely related to Russian princes and moreover, a considerable number of them belonged to the Eastern (Orthodox) Church. Russians could regard therefore them as their own. The last part of this article is devoted to the changes in nationality policy after the 1863–64 Uprising and the requirement for a new interpretation of the history of the Grand Duchy of Lithuania.     

The geochemical diversity of neogene clay deposits in Crete and its implications for provenance studies of Minoan pottery*

The determination of provenance probably forms the primary role of geochemical analyses in archaeological ceramic studies. In what has comprised a successful field of study, the ultimate basis for such research has been the comparison of pottery compositions with the geochemical diversity displayed by clay deposits within a given study area. Although such studies are now common, the understanding of chemical and mineralogical variability in ceramic raw materials has been somewhat neglected, with the dominance of assumptions rather than the actual analysis of clays. In this paper, a study is presented of Neogene clays in Crete (Greece), a clay type commonly used in ancient and modern pottery production. Sixty‐one samples were taken from 28 locations in the central and eastern parts of the island, to reveal both intra‐ and inter‐deposit variability. In one deposit chosen for multiple sampling, the 14 samples display great variability in the alkali elements, Fe and Co, and to a lesser extent in the REEs. Many of the geographically separate deposits differ from each other in chemical composition, with Eastern Cretan deposits showing higher REE concentrations and higher Th/Sc ratios, whereas Central Cretan deposits of younger geological stages are characterized by a lower Th/U ratio. Mineralogical analysis by XRD is used to explain aspects of the geochemical variability of the clays.     

Fuel Management (Bone and Wood) During the Lower Aurignacian in the Pataud Rock Shelter (Lower Palaeolithic, Les Eyzies de Tayac, Dordogne, France). Contribution of Experimentation

The use of bone as fuel during the lower Aurignacian in the Pataud rock shelter was studied. An anterior study allowed us to dismiss the hypothesis of an imbalance between wood availability and the use of bone as fuel. An experimental study of bone combustion shows the specific properties of bone as fuel. We have proposed that the combustion of a mixture of material (wood and bone) is more effective as source of heat than the combustion of wood alone and the higher the proportion of bone the longer the combustion lasts. Lastly, we observed that the combustion of bone favours two kinds of heat transfer: radiation and convection, but that it is completely ineffective for conduction. The results show that the use of bone could result from an intentional management of fuel in relation with the function of the settlement. It also could be a response to the disadvantage of using wood in a Palaeolithic camp.     

DETECTING FORGERIES AMONG ANCIENT GOLD OBJECTS USING THE U,Th–4He DATING METHOD*

Forgeries of ancient gold objects are prevalent in almost every collection and some public exhibitions in the past have been exposed as containing forgeries to an embarrassing extent. This situation comes from the fact that it is sometimes impossible to unequivocally recognize forgeries based on their patina or manufacturing and decoration characteristics. We demonstrate that for 13 ancient gold objects the time of their last melting process can be estimated using the U,Th–⁴He dating technique. The extremely small quantities of radiogenic ⁴He found, due to the young age and small sample size, require the use of a specially designed ultrasensitive mass spectrometer. We show that the proposed method is a powerful, and the only, quantitative tool in archaeometry for discriminating between fake and genuine ancient gold objects.