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.     

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.     

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.     

Preservation Condition of Prehistoric Amber in the Agrarian Landscape

Abstract

The Danish Research Council launched a research programme to examine the influence of urbanization, agriculture, and forestry on cultural heritage in agrarian/traditional landscapes. This article is one part of this programme and deals with amber artefacts found in aerobic soils. Amber was chosen as a material because it is present in all prehistoric periods in Denmark and it is known to have a unique deterioration pattern. The Danish county of Sønderjylland (North Slesvig) was chosen as a case study and every amber find from the Stone Age to Iron Age was examined microscopically and macroscopically: in total 433 objects. The conclusion shows that the only degradation factor is oxidation. No other factors were found to affect the degradation pattern, and the soil conditions do not seem to have had any influence.     

Wind Words and Fury: Canada and the Geneva Protocol, 1925–26

Abstract

Negotiation over the Geneva Protocol and its acceptance or rejection is placed in the context of Canadian domestic policy and its relationships both to the League of Nations, of which the Canadian government remained a strong support in principle, and the demands and expectations of its place within the British empire.     

The Social and Legal Status of Jews in the Grand Duchy of Lithuania and its Influence on the Status of Tatars and Karaites

Abstract

At the end of the fourteenth century, when Lithuania was baptized, three non-Christian communities — Jews, Tatars, and Karaites — began to settle in the territory of the Grand Duchy of Lithuania, and their legal and social status began to take shape. The segregation of Jews from Christians was legitimized in the first privilege granted for the Jews of Brest in 1388 by the Grand Duke Vytautas (Witold, Vita&?t) the Great. This privilege, which adapted Western variations of the Judenrecht to Lithuanian realities and introduced some local improvements, began the process of the formation of the legal and social status of non-Christians in the Grand Duchy. The expulsion of Jews to the margins of the estate system of the Grand Duchy of Lithuania, the establishment of the incumbency of the iudex iudeorum and internal community court, and the fully formed relations between the Jews and the legal system of the Grand Duchy were used as reference points in trying to define the legal status of the Tatars and the Karaites. In the case of Karaites, Magdeburg law, which was already known in Lithuania, was adopted. Grand Duke Casimir Jagiellon granted such a privilege to the Trakai (Troki) community in 1441, and the Karaite community’s life was organized according to the principles of the existing model of urban self-government. For some time the legal status of the Karaites differed from that of the Jews. Despite its uniqueness, Magdeburg law was not applied to the community’s everyday life, and the Karaites gradually absorbed the privileges granted for the Jews (especially that of 1646). The Tatars, who were socially stratified within their community and thus had different interests, were never granted a common privilege. Those ‘Jewish’ legal and social models, which were adapted for the Tatar community, were best revealed in the Third Lithuania Statute of 1588, which contained more regulations for non-Christians than its two predecessors. The content of its articles shows similarities of the social and legal status of non-Christians and the entrenchment of the social strata of non-Christians. The features of the model applied for regulating the state’s relations with the Jewish community might also be observed in the state’s relations with the Roma (Gipsy) community, which, although Christian, was considered unacceptable in the Grand Duchy of Lithuania because of its way of life.