While disputes concerning the return of antiquities and artworks have become increasingly prevalent and receive public attention, the parallel issue of returning unlawfully exported fossils is rarely discussed. The fossils of “Ubirajara jubatus” and Irritator challengeri are prime examples of such disputes: they were taken from Brazil unlawfully, as Brazilian researchers allege, and displayed in German museums. The return disputes were characterized by both parties relying on arguments based almost exclusively on public (international) law. This Article explores private law as an alternative approach to these and similar disputes, discussing whether the fossils are the property of Brazil and could, therefore, be claimed in an action for restitution under German law. It finds that both fossils belong to Brazil since the museums did not acquire good title through a good faith purchase or acquisitive prescription.

Even though places of worship are protected by the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, they often become targets. To safeguard the cultural property of religious communities, it is necessary to plan for wartime protection under peaceful conditions, but studies of how this planning was conducted after 1945 are largely missing. This Article compares how the cultural property of the Church of Sweden (Lutheran) has been planned for protection up until 2023. Cultural property protection was first introduced in World War II, but the Church had to plan and carry out most protective measures without state support. During the Cold War, a system for protecting movable property was developed that lasted until it was replaced in the 1980s by cultural protection plans that employed a more holistic approach to risk mitigation in peace as well as in war. Finally, the recent development and future challenges are discussed in relation to the 1954 Hague Convention and the reconstruction of a Swedish total defense due to the Russo-Ukrainian War.

This article examines how openly sharing data online can continue the dehumanizing work of 19th century “collectors” who stole the bodies of colonized peoples. It addresses the ongoing controversies at the University of Pennsylvania Museum of Archaeology and Anthropology (“Penn Museum“), regarding the interlinked weaponization of over one thousand crania used by racial scientist Samuel George Morton, and the remains of two Black children murdered by the police in the 1985 MOVE bombing, and asks, how can descendant communities regain their kin and take control of the data the museum has extracted from them? And how can scholars and other heritage workers within colonial institutions support them?

This article examines the determination of cultural objects as “national treasures” in the United Kingdom and proposes a heretofore unidentified theoretical space in which such designations are made. Utilizing Foucauldian genealogies of the museum posited by both Tony Bennett and Eilean Hooper-Greenhill as a frame for spaces in which cultural and national identities are curated (which some commentators suggest are outdated, but prove very helpful in the current enterprise), this article develops the argument that designations of items as “national treasures” are made within a specific institutional space – hereinafter termed the “National Treasure Space.” Through the interpretation of the object in this institutional space, it is possible to characterize it as other than the sum of its parts; certain aspects of the object that exist when it is outside of this space are suspended once it is within. As a result, the problematic determination of the object as a national treasure is exacerbated, impacting important relational elements of the object to its owner(s) (both private and public) and the understanding of the object as significant in its representation of the nation.

In July 2021, Liverpool was removed from the prestigious List of World Heritage Sites, sending shockwaves around the global heritage community. More recently, the spotlight has shifted to another world famous site also located in the United Kingdom. During the same 44th Session of the World Heritage Committee, UNESCO threatened to place Stonehenge on the List in Danger if the required changes to a significant billion-pound road enhancement project were not implemented. Given what happened in Liverpool, there are fears that Stonehenge is in danger of moving towards delisting. An interesting critical line of inquiry to emerge from Liverpool, and other World Heritage Sites, concerns the local, national, and international ‘politics at the site’. This article develops this debate by analysing the role of different scalar actors involved in the Stonehenge World Heritage Site. More specifically, our article examines how the Stonehenge Alliance sought to engage in, what we define as, scalar manoeuvres that is evidenced by scale jumping and scalar alignments with more powerful players further up the heritage hierarchy in order to effect leverage over the future status of the World Heritage Site.

International cultural heritage regimes such as the World Heritage Convention have faced increasing scrutiny with regard to the impact of heritage governance on local communities. An oft-posited solution to this problem is to increase the possibilities for these communities to participate in decisions that will potentially affect the heritage they live in, with, or around. For international lawyers, this discussion is usually framed through the lens of the right to take part in cultural life guaranteed by human rights law. This case note reflects on the Final Report of the International Law Association’s Committee on Participation in Global Cultural Heritage Governance, which analyzes the current state of the law on these issues and formulates several proposals for its future development. The case note underlines the potentialities of human rights-based approaches to heritage management and the importance of adopting a cross-sectoral approach to participation in international governance.

The illicit antiquities trade relies on various academic experts for its operations and legitimization. To counter this involvement, academics need to be made aware of how their services might support the trade. A suitable venue for future generations of professionals to obtain this knowledge is their university education. Hence, it is of interest to ask what is taught in university programs in relevant disciplines about the illicit antiquities trade and the forms of academic entanglement within it. This article focuses on course literature in university programs for conservators. It looks at both the official curriculum (explicit and intended teaching) and the hidden curriculum (implicit and unintended teaching) concerning illicit antiquities trade and conservators’ responsibilities vis-à-vis this trade. It finds that the coverage is limited and partly outdated. Further, textbooks might signal that it is acceptable to undertake the treatment of unprovenanced archaeological objects. The study suggests that it is relevant to ask not only if, but also how, the topic of professional responsibility is taught, and it argues that higher education, apart from teaching how to keep clear of activities that promote the trade, should provide the knowledge and skills to actively oppose it.

The year 2022 marks 15 years since the entry into force of the United Nations Educational, Scientific and Cultural Organization’s 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Among its objectives, this treaty aims at acknowledging the specific nature – economic and cultural – of cultural activities, goods, and services, reaffirming the sovereign right of states to adopt or implement measures they deem appropriate for the protection and the promotion of the diversity of cultural expressions as well as reinforcing international cooperation for more balanced cultural exchanges. Since its adoption, this treaty has been criticized for its low level of constraint. However, data collected over the years show that parties rely extensively on the Convention to undertake diverse initiatives to achieve the treaty’s objectives. Based on concrete examples, this article aims to show that the effectivity of a legal instrument does not only rely on its degree of constraint but also on other factors, including monitoring mechanisms put in place in the context of its implementation.

Studies on antiquities trafficking have often been overshadowed by research looking at the trafficking of human beings, drugs, and weapons, a fact partly motivated by the arguably higher relevance and greater security implications involved in these other forms of illicit trade. However, the past decade of conflicts in the Middle East has revived an interest in the study of antiquities trafficking networks. 1 The association between the growing size of the illicit antiquities market and conflicts in the region did not go unnoticed by crime scientists and criminologists looking deeper at the relation between the trafficking of antiquities and transnational organized crime. 2

This article considers the fiftieth anniversary of the 1972 United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage Convention in light of climate change, offering a state of the field review of climate responses for World Heritage sites (WHS). Opening with a brief review of UNESCO World Heritage activities around climate change, we then detail the primary impacts and risks that climate change pose for WHS and the reporting and monitoring systems in place to document and track these impacts. Looking forward, we examine the most promising pathways for World Heritage to advance in the domains of climate mitigation, adaptation, climate communication, and climate action.

This article examines Indigenous peoples’ experiences with the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage Convention against the backdrop of their rights as recognized in the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and reviews the efforts of Indigenous peoples and human rights mechanisms to ensure respect for Indigenous peoples’ rights, cultures, and values in World Heritage sites. Although the Convention’s governing bodies have adopted policy and operational guidelines “encouraging” states parties to respect Indigenous peoples’ rights, many nomination, management, and protection processes of World Heritage sites continue to be marked by an exclusion of Indigenous peoples from decision making, a lack of respect for their relationship to the land, and disregard for their traditional livelihoods and cultural heritage. Human rights violations against Indigenous peoples continue to occur unabated in many sites and are in many ways enabled, and sometimes even driven, by decision making under the Convention. This article argues that there is an unacceptable disconnect between this Convention and the UN human rights system, with significant implications for the Convention’s and UNESCO’s credibility, and that a concerted effort should be made to align this UN Convention with the UNDRIP and the human rights purposes of the UN Charter and the UNESCO Constitution.

This case note discusses the role of the International Court of Justice (ICJ) in the protection of cultural heritage. Of particular relevance in this vein is the cultural heritage dimension of the International Convention on the Elimination of All Forms of Racial Discrimination and its interpretation by the ICJ in its provisional measures order of 7 December 2021 in the proceedings on the Application of the International Convention on the Elimination of all Forms of Racial Discrimination (Armenia v. Azerbaijan). In this order, the ICJ indicated provisional measures to protect the cultural heritage of minorities and their right to equal participation in cultural activities. Looking ahead, the case note briefly elaborates on the potential implications of this order and the proceedings for the broader debate on the human right to cultural heritage.

Modern warfare has prompted states to protect collections of cultural property by evacuating them to safe locations at times of war. Building on previously classified documents in archives, inquiries and other sources, this article investigates how planning for such evacuation was carried out in Sweden from 1939 to the 1990s. After the end of the Cold War, existing evacuation plans were finally scrapped. Due to the worsening security situation in the region, Swedish heritage institutions today need to build preparedness anew. It is shown that the evacuation of large volumes of property out of cities for practical reasons never was a realistic scenario, but probably should be restricted to a minimum of carefully selected objects, records and books. The process of selecting, transporting, finding safe locations to take the property to, and determining how to monitor it needs to be carefully planned during peaceful conditions in order to efficiently safeguard the collections in wartime. The relationship between Swedish planning and the 1954 Hague Convention, and how other states can learn from this study, is finally discussed.

Dance has rarely been accepted as the subject of copyright protection because works of dance and choreography have lacked commodified property-object status in intellectual property law. If dance is “haunted by its own ephemerality” and, thus, rarely embodied as property, then what of dance music? Music composed, performed, and recorded with a dance audience in mind has formed, on many occasions, the subject matter of intellectual property law claims, as the rancorous recent litigation over the nightclub (and online-streaming) hit “Blurred Lines” demonstrates. In this article, I utilize the case study of traditional Irish dance music to explore how traditional music occupies a space somewhat outside the formal legal system, defined by informal social norms such as reciprocity, sharing, and acknowledgment (attribution). I consider how Irish traditional music can be represented as heritage and as property, reflecting on the type of ownership at play in the Irish traditional music community. I observe that Irish traditional dance music provides an example of “heritage as resistance” – a mode of cultural and social practice that continues to thrive as a living tradition, even in the contemporary market-oriented world of the global North.

Fifty years after the ratification of the World Heritage Convention, we have come to learn that there is a huge discrepancy between the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) ideals of protecting heritage sites with outstanding universal values and unmatched realities in situ. I attempt to elucidate what World Heritage ideals of heritage protection are held in iconic sites in Southeast Asia. The studied sites are ancient monumental heritage sites of national importance – namely, Borobudur of Indonesia, Sukhothai and Ayutthaya of Thailand, and Angkor of Cambodia. The authorities in these countries have converted heritage sites into parks for visitors and for capitalization, which has placed authenticity and integrity at stake as well as converting the sites for contestation between the authorities and local communities. In order to solve the dilemma of the World Heritage ideals and their unwanted realities, I explore possible effective approaches for UNESCO and its partners to take into consideration.

Similar to the other forms of cultural heritage, Indigenous oral traditions are collected and held often by outsiders to the community. There are a number of instruments addressing this problem, but none of them provide complete control over such works. This article will focus on the possibility and instances of copyright being used to control oral traditions, both by outsiders and the Indigenous communities. The article will first provide an overview of the applicable legal areas (cultural property law, Indigenous rights, and intellectual property rights), and then it will assess different stages in the treatment of oral traditions. It will discuss the copyright implications for not only the traditions themselves but also their documented versions, subsequent copies, adaptations, and new works in order to provide a full picture of the relationship between control and copyright.

In this article, we reflect on the current socio-political context of the 1972 World Heritage Convention after 50 years rather than its significant achievements and trials throughout its turbulent history. The United Nations Educational, Scientific and Cultural Organization (UNESCO) has already documented and publicized these formative episodes. Instead, we consider the World Heritage milieu today, embedded as it is within a much broader landscape of non-governmental organizations and civil society preservation initiatives than it was five decades ago. Like other United Nations agencies, UNESCO now faces challenges arising from various types of re-spatialization beyond the nation-state that further impact its effectiveness. Those challenges encompass not only the expansive force of globalization but also regionalization and localization, all of which have given rise to a new diplomacy. We discuss the proliferation of competing international agencies and individual donors, then describe the dilemmas facing World Heritage, including the rise of non-state actors and post-conflict remediation in the Middle East, the limited recognition of Indigenous Peoples and their role in decision making, and the persistent failures to remedy the inequitable position of Africa as a priority region.

Scholars suggest that philanthropic activity in Latin America is limited. However, this suggestion overlooks the potential for philanthropists focused on specific localities to significantly influence the places in which they work. In this article, I explore the case of cultural philanthropy in Oaxaca, Mexico to advance our understanding of philanthropy in Latin America by highlighting the work of operating foundations funding locally with little state regulation. In Oaxaca, a small number of philanthropists have transformed the cultural sector by building and managing a proliferation of cultural institutions. They have imbued these institutions with a unique vision for Oaxacan culture, derived from a combination of four philanthropic goals – public access, knowledge production, Western aesthetic value, and efficiency, which have arisen via social and professional networks between philanthropists. Oaxaca’s philanthropists have advanced their vision for Oaxacan culture by critiquing and compelling action by the state’s government, thus solidifying their impact on Oaxaca. This case study shows the importance of a local lens in describing philanthropy in Latin America, highlights the importance of social and professional networks in shaping local philanthropic work, and illuminates the mechanisms by which philanthropists working locally can expand their impact on cultural heritage by compelling state action.

Musical instruments are central components of both the tangible and intangible heritage. However, discourse about music as intangible cultural heritage frequently overlooks the importance of instruments in conserving traditions inherited from the past and making live performance possible in the present, while curating instruments as tangible heritage often neglects their function for making music. This article explores two interrelated research questions about musical instruments as heritage. First, should instrument-crafting skills inherited from the past be sustained today, and, where industrial or mechanized manufacturing processes and the development of instruments is encouraged, what are the implications for sustaining music traditions? Second, given that instruments as crafted objects deteriorate over time, should instruments inherited from the past be displayed as objects, be restored to playing condition, or be updated and developed for contemporary use? To explore these questions, I take three case studies that juxtapose musical instruments from opposite sides of the world and from societies with very different philosophical and ideological approaches. The three case studies are Britain’s piano heritage, traditional Korean instruments (kugakki) in the Republic of Korea/South Korea, and “national” instruments (minjok akki) in the Democratic People’s Republic of Korea/North Korea. Based on fieldwork, ethnography, and collecting and curating work, my choice of case studies allows me to look at both the country I call home (Britain) and the region where I have researched matters musical for 40 years (the Korean peninsula). But the case studies also demonstrate that there is no single answer to questions about the role of musical instruments when (and if) instruments are recognized as both tangible and intangible heritage.

This article considers the intersection of gender, traditional cultural expressions, collaborative innovation, and intellectual property in the Tonga Indigenous community of Zambia. Based on a study of the Tonga rural women basket makers who are organized around craft clubs, the study investigated the collaborative environment that fosters the preservation of the cultural tradition of basket weaving, the impact it has had on empowering the women, and the legal protection options available for the Tonga baskets. The study found that Zambia’s 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act no. 16 (Traditional Knowledge Act) gives automatic protection to traditional cultural expressions and the option for the protection of traditional cultural expressions under the existing intellectual property laws. Though intellectual property protection may not be practical for the Tonga baskets, the Traditional Knowledge Act is a significant step in recognizing the customary values and governance principles in protecting traditional cultural expressions. Registration, in terms of the Traditional Knowledge Act, could enhance the recognition of the baskets, preserve and promote the cultural heritage, and empower the Tonga women.