The Conference of the Parties to the United Nations Convention against Transnational Organized Crime.

Legal systems which triage protection to cultural relics based on a relic grading system have been adopted by several countries. This article examines the implementation of such a relic grading framework by the People's Republic of China. The current state of the law is summarized, and a recent criminal trial is described to illustrate the role the grading system plays within the law. The factors involved in defining the grades of cultural relics are then discussed in context of a cultural relic structural framework, with emphasis to both the state values that they serve and their ability to promote the objective of cultural property protection. The analysis highlights the problems and general considerations with the use of relic grading systems as a means to protect a large number of relics with finite resources.

This article explores the interplay between climate change and cultural heritage, in particular the intangible aspects of cultural heritage, in international legal frameworks, either existing or under development. The prime focus of the current climate change regime of the United Nations Framework Convention on Climate Change (UNFCCC) is the reduction of greenhouse gas emissions, leaving certain aspects of cultural heritage rather on the sidelines of debate and policy. However, where climate change combines with generally weak law and policy for culture and traditions, countries vulnerable to climate change may face significant cultural loss in the years to come.

In its inventory of present and contemplated legal protection options, this article draws particular attention to policymaking directed at shaping a “rights-based” system in the form of sui generis rights, to complement any existing intellectual property-based protection. If adequately motivated, indigenous people have a key role to play not only in observing change, but also in developing adaptive models to cope.

An ongoing debate on the protection of traditional knowledge was prompted by the United Nations General Assembly declaration of the International Decade of the World's Indigenous Peoples in 1995 and the declaration of the Second International Decade in 2004. These two declarations challenged governments and the international community to address, nationally and internationally, issues that affect indigenous communities. One such issue is the protection of traditional knowledge. The three key international multilateral forums that are debating traditional knowledge issues are the World Intellectual Property Organization, the World Trade Organization, and the Convention on Biological Diversity. Using a political economy framework, this study analyzes the policymaking processes and mandates of the three multilateral forums in order to highlight stakeholders' levels of involvement in these processes. The study found that the multilateral forums' power structures, mandates, and decision-making processes disadvantage indigenous peoples and hinder their full participation in the forums' processes. The study recommends establishing a forum that would take into account indigenous peoples' worldviews; otherwise policy outcomes from these discussions will probably disadvantage indigenous peoples.

This article considers the measures being taken in Bhutan to support the cultural practices and traditions of weaving as Bhutan rapidly moves to modernize. Woven cloth is one of a number of artisan practices in Bhutan that contribute to a unique body of intangible cultural heritage, and a distinctive and instantly recognizable Bhutanese identity. Cloth and cloth production have come to have significant influence on the cultural, socioeconomic and political, as well as the ceremonial and religious life of the people of Bhutan. However with modernization and an increasingly global outlook, many socioeconomic transformations are taking place, challenging traditional cultural practices to remain relevant and viable to younger generations. Bhutan offers a unique case study as a country engaging only relatively recently with globalization after a long history of cultural isolation. Bhutan also offers up a unique policy response to modernization, its Gross National Happiness (GNH) measure, which attempts to embody a strong social, cultural, and environmental imperative within the development process. This article will analyze the various measures taking place to maintain cultural identity and cultural practices within the context of development policy and practice, and will link this discussion to measures and approaches taking place at an international level by agencies such as UNESCO.

This article builds on recent discussions on intangible heritage following the adoption of the relevant convention by UNESCO in 2003. The emergence of intangible heritage in the international heritage scene is tied up with fears of cultural homogenization and the need to protect the world's diversity. For a number of critics, however, UNESCO's normative framework raises questions around the institutionalization of culture as a set of endangered and disappearing ways of life. The article reviews these institutional approaches to cultural preservation in relation to the politics of erasure, the creative interplay of heritage destruction and renewal. This is then further examined against the backdrop of indigenous identity politics played out in two contested public arenas: the National Museum of New Zealand Te Papa Tongarewa in Wellington and the Quai Branly Museum in Paris.

The 2009 Bolivian Constitution significantly changed the structure of the state and paved the way for the creation of regional, local, and even indigenous autonomies. These autonomies are charged with the management of archaeological sites and museums within their territory. This article answers the question of who currently owns the Bolivian past, it stems from concerns raised at the 2011 renewal hearing of the Memorandum of Understanding preventing the import of illicit Bolivian antiquities into the United States. By combining an analysis of recent legal changes related to the creation of the autonomies and a short discussion of a notable case study of local management of a Bolivian archaeological site, this article offers a basic summary of the legal framework in which Bolivian archaeology and heritage management functions and some preliminary recommendations for governments and professionals wishing to work with Bolivian authorities at the state and local level.

In June 2011, France returned to South Korea nearly 300 volumes of Korean royal archives from the Joseon Dynasty. French forces had seized them in an 1866 military campaign, and the volumes had resided in the Bibliothèque nationale de France (BnF) ever since. The return is not a legally permanent restitution, but rather a five-year renewable loan. The compromise followed years of unsuccessful negotiations and a noteworthy decision of a French administrative tribunal that found that the seized Korean archives constituted inalienable French property. The legal debate over the Korean manuscripts illustrates the unique complexities of treating archives as a form of cultural property in armed conflict. In the end, the imperfect compromise satisfies neither side: The BnF is deprived of custody of items that have formed part of its collections for more than 140 years while technically, and perhaps uselessly, retaining formal legal title; South Korea, meanwhile, has physical custody of the archives while suffering the indignity of being denied ownership over its own national heritage.

Continuous changes are happening in the legislation of preventive archaeology in Hungary. The protection of cultural heritage in Hungary is currently regulated by the Cultural Heritage Law Nr. LXIV of 2001, according to which, if an development project endangers an archaeological site and its replanning would raise the budget considerably, preventive excavation is needed. All the costs of the excavation should be covered by the investor, but the financing should be at least 0.9% of the total budget of the project. Normally, the archaeological works covered 1–5% of the overall cost of the constructions. This law made possible the complete excavation, documentation, deposition, and primary study of the finds endangered by the development.

Maritime cultural heritage is made up of finite and nonrenewable cultural resources including coastal or submerged prehistoric and indigenous archaeological sites and landscapes, historic waterfront structures, the remnants of seagoing vessels, and the maritime traditions and lifeways of the past and present. To date, evaluative tools used to assess the social and economic “value” of this heritage are extremely limited, the lack of which often results in the loss of maritime cultural resources and unrealized socioeconomic opportunities. Market and nonmarket valuations, derived from ecological economics and ecosystem assessments, are viable techniques that may be integrated into existing U.S. environmental and historic preservation regulatory procedures to support resource significance determinations. In doing so, decision-making regarding maritime cultural heritage can include assessments of the short- and long-term trade-offs of human actions, and can examine the socioeconomic costs and benefits of heritage conservation projects.

Perhaps surprisingly, a number of Canadian jurisdictions have been at the cutting edge of legal exemptions from seizure or attachment processes for artworks on loan. Starting with the curious case of Hermitage treasures displayed in Winnipeg in the mid-1970s and using other intriguing examples, this article traces the historical origins of Canadian legislation with particular regard to the international context. The current state of the law in Canada is summarized and compared to that of other international jurisdictions.

Shortly after the 2003 American invasion of Iraq, Kanan Makiya, a long time Iraqi dissident and professor of Middle East studies at Brandeis University, uncovered a major trove of documents belonging to Saddam Hussein's Baath Party and his security forces. The documents proved highly important in reflecting the inner workings of the Baath Party system in his final years in power. Soon after the discovery of the documents, the Iraq Memory Foundation (IMF), a private Washington, D.C.–based group founded by Makiya, took custody of the records, later depositing them with the Hoover Institution at Stanford University to provide a safe haven for them. The deal ignited immediate international controversy and charges of pillage from some Iraqi officials, archival organizations, scholars, and others who also demanded their immediate return to the Iraq National Library and Archive in Baghdad. On the surface, these charges of theft and plunder appear plausible enough, but on examination, a different and complicated narrative emerges in light of the conventions of war, U.S. law, and the Iraqi penal code, as well as the chain of events surrounding their taking and removal by nonstate actors in the Iraqi theatre of war and occupation.

The 16th Session of the UNESCO Intergovernmental Committee for Promoting the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation was held in Paris at the UNESCO headquarters, 21–23 September 2010.

There are apparently two legal systems of “rights ownership” in Ghana, which are (1) the individuals' rights—a system that overemphasizes the exclusive protection of the individual musicians' rights to ownership, and (2) the communal or governmental rights—a system that provides an exclusive protection of the government's (or community's) rights to ownership. Thus, for while the first are the inalienable rights that empower the autonomous musician universally, and are seen as a “private property” of mutually independent individuals; the second are the inalienable rights that empower the collective rights of the community/government, which are seen as a “public property” for a group, with cultural, communal or linguistic rights; systems that are contrary to the Akan systems of right ownership. My aim in this essay contest is to discuss the Akan “individual-communal” dual-relationship with respect to ownership that embraces these two seemingly unrelated concepts of “rights-ownership.”

The process adopted by the local government to protect the interior of an old building in Victoria, British Columbia, culminated in a significant compensation award in favor of the building's owner and highlights the shortcomings of a coercive regulatory approach to heritage conservation. This study focuses on the relationship between cooperative resolution of conflicts between the rights of the public to protect heritage buildings and the rights of private property owners to the use of their property without interference, on the one hand, and the long-term utility and conservation of historic buildings and the sustainability of local government heritage programs, on the other. Analysis includes discussion on (a) key issues arising out of an involuntary heritage designation, (b) flexible alternative conservation mechanisms and incentives available to local governments, (c) approaches to conservation of heritage buildings in other jurisdictions, and (d) opportunities for improvement in the local government heritage conservation program.

Large-scale resource extraction projects often create obstacles for the protection, maintenance, and inheritance of indigenous cultural heritage. In this article we detail some of the challenges and opportunities arising from our collaborative partnership with the community of the Lihir Islands in Papua New Guinea, which is seeking to establish, inform, and resource a formal cultural heritage management program in the context of a large-scale gold-mining operation. The general approach to this collaborative venture involves the application of a specific development tool, the Stepping Stones for Cultural Heritage program. This consultative process is innovative in both Melanesia and the context of resource extraction, but also more generally within the field of cultural heritage. We describe the outcomes of this process and some of the initial pilot projects, one of which was based on the recording of traditional Lihirian songs. We also argue that while the mine places greater pressure upon Lihirian cultural heritage, it also presents Lihirians with the opportunity to realize a vision of their cultural future that is beyond the reach of many other indigenous communities.

In July 2006, after 77 years at the Museum of Ethnography in Stockholm, the 134 year-old G'psgolox totem pole was welcomed home to Kitimaat on British Columbia's northwest coast by the Haisla First Nation. The event was important not only because it was among the first voluntary repatriations by a foreign museum of a cultural artifact to a North American aboriginal community, but also because it marked the end of a negotiation process that had been long and challenging and yet ultimately, according to the parties involved, mutually beneficial and restorative.

On 15 and 16 March 2011 UNESCO held a meeting on The Fight Against the Illicit Trafficking of Cultural Objects: The 1970 Convention: Past and Future at its Paris headquarters. The meeting served two purposes: an evaluation of the 1970 Convention, 40 years after its adoption, and a meeting of delegations to UNESCO who wanted to express their views on the problem of illicit traffic and how UNESCO should proceed to improve the present situation.

The struggle for indigenous rights to pre-Hispanic cultural heritage parallels the struggle for indigenous land rights in Belize. By Belizean law, material objects and sites of activity older than 100 years in age are the property of the state. Similarly, land inhabited by indigenous communities in southern Belize is held in trust by the government. In 2007 the community of Santa Cruz in southern Belize won customary land tenure over their lands for the first time from the Belizean government. This change in land ownership presents new challenges to the definition of ownership of ancient places in Maya territory. In particular, the transfer of land rights to the community has potential implications for the ownership and management of the local pre-Hispanic site of Uxbenká that may ultimately serve as a paradigm for the future relationship between Maya peoples and ancestral remains throughout the nation.

When the U.S. Congress passed the Visual Artists Rights Act (VARA) in 1990, no legislator really anticipated that courts would be applying the act to art installations that were only half-finished. But this was the very challenge that the U.S. Appellate Court for the First Circuit faced in Massachusetts Museum of Contemporary Art Foundation, Inc. v. Christoph Büchel. Deliberating over a failed football-field-sized art installation wryly entitled “Training Ground for Democracy,” the appellate court was asked to determine whether VARA protected Swiss artist Büchel's moral rights in his half-finished work that if completed would have given viewers “training to be an immigrant, training to vote, protest, and revolt, training to loot, training [in] iconoclasm, training to join a political rally, training to be the objects of propaganda, training to be interrogated and detained and to be tried or to judge, training to reconstruct a disaster, training to be in conditions of suspended law, and training various other social and political behaviors.”