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The “Caring and Sharing'' Alternative: Recent Progress in the International Law Association to Develop Draft Cultural Material Principles

Published online by Cambridge University Press:  24 May 2005

Robert K. Paterson
Robert K. Paterson
Affiliation:
Faculty of Law, University of British Columbia, and Rapporteur, Committee on Cultural Heritage Law, International Law Association. Email: [email protected]
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Abstract

Increasingly those concerned with cultural property favor an approach that focuses on protection and shared access over unequivocal demands for return to places of origin or insistence on retention by museums and other institutions. This article starts by describing the International Law Association and discussing its role, along with that of other nongovernmental organizations, in connection with the development of cultural heritage principles and instruments. It then outlines the intent behind “Draft Principles for Cooperation in the Mutual Protection and Transfer of Cultural Material” presently being developed by the Committee on Cultural Heritage Law of the International Law Association. The Committee favors a nonadversarial and collaborative approach to issues surrounding the return of cultural material to its place or people of origin. This article describes and discusses the draft principles being developed by the Committee. Its hope is that a set of principles could be developed that would form the basis for expediting the resolution of a variety of cultural property disputes. These principles are at an early stage in their development and the Committee welcomes suggestions for changes and additions to the draft principles as they now stand.

Type
Research Article
Information
International Journal of Cultural Property , Volume 12 , Issue 1 , February 2005 , pp. 62 - 77
Copyright
© 2005 International Cultural Property Society

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