This article considers the constant tension facing several national panels in their consideration of Nazi spoliation claims concerning cultural objects. It will argue that this tension results from a shift in paradigms in dealing with Nazi-related injustices—from a strictly legal paradigm to a new victim groups-oriented paradigm, where addressing and recognizing the suffering caused by the nature of past crimes is central. While these national panels originate from this new paradigm and embody the new venues found for dealing with Nazi-looted art claims, this paradigm change at the same time presents these panels with a predicament. It seems impossible to abandon the legalist paradigm completely when remedying historical injustices in the specific category of cultural objects. Through a comparison between the Dutch and United Kingdom (UK) systems, this article will illustrate from both an institutional and substantive perspective that these panels seem to oscillate between policy-based, morality-driven proceedings (new paradigm) and a legal emphasis on individual ownership issues and restitution in kind (old paradigm). This article addresses this tension in order to provide insights on how we could conceptually approach and understand current restitution cases concerning Nazi-looted art in the Netherlands and the UK.

This article analyzes drafts put forth by the World Intellectual Property Organization (WIPO) to examine the gaps that are created when institutions attempt to assign authorship of traditional knowledge and traditional cultural expressions to individuals and communities and how these gaps impact the use of folkloric dance in cultural institutions. The analysis produced via anthropological mappings of policy is underpinned with an examination of terminologies that circulate between fields of discourse, spiraling their way into public policies concerning marginalized peoples’ rights, economies of art, and intellectual property. This is followed by ethnographic accounts of Afro-Cuban folkloric dance classes, for it is in the dancing bodies that gaps between policies of authorship and the reality of unstable streams of transmission and reception materialize. By reproducing and circulating these unstable streams, combined with various legal doctrines put forth by WIPO, cultural institutions appropriate Afro-Cuban folkloric dance to commodify individuals and communities.

This article explores the limits and possibilities of international human rights law in protecting cultural heritage from state-led destruction. It does so by focusing on two attempts by activists and non-governmental organizations to have the United Nations and the Council of Europe intervene to save the ancient city of Hasankeyf in Turkey’s southeast region, which will soon be flooded by the reservoir waters of the Ilısu Dam. Adopting a heritage rights focus, these grassroots initiatives have argued that Hasankeyf’s destruction would constitute a violation of human rights because it would deprive people of their right to participate in, and benefit from, cultural heritage. I suggest that, as powerful attempts to link cultural heritage and human rights, these cases demonstrate the need for more effective and legally binding international frameworks to protect heritage rights as an aspect of human rights.

The 2003 Convention for the Safeguarding of Intangible Cultural Heritage (CSICH) was not intended to have legal repercussions in international trade. Nevertheless, intangible cultural heritage (ICH) may interact with trade regulation under various scenarios. The CSICH “Representative List” inscribes numerous ICH elements with real and potential international commercial aspects and consequent trade law implications. These emergent trade law–ICH regime dynamics require not only some critical reflection (for example, is safeguarding of ICH ultimately dependent on commodification or, at least in some cases, significantly prone to commercial capture?) but also doctrinal legal analysis. This article undertakes a survey of many plausible ICH–trade interactions (generally excluding intellectual property issues), providing an analytical framework with reference to a series of case sketches of selected CSICH inscriptions such as kimjang, beer culture in Belgium, and yoga. These and other cases may indeed raise issues under world trade law, including the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, the Agreement on Technical Barriers to Trade, the Agreement on Sanitary and Phytosanitary Measures, and subsidies regulation. Trade law may have underestimated the significance of ICH as a growing field. At the same time, ICH law may be developing without thinking through how it is impacted by commercial interests and international trade law.

Indigenous peoples’ emphasis on protecting their cultural heritage (including land) through a human rights-based approach reveals the synergies and conflicts between the World Heritage Convention and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This article focuses on how their insistence on the right to participate effectively in decision-making and centrality of free, prior, and informed consent as defined in the UNDRIP exposes the limitations of existing United Nations Educational, Scientific and Cultural Organization and World Heritage Convention processes effecting Indigenous peoples, cultures, and territories and how these shortcomings can be addressed. By tracking the evolution of the UNDRIP and the World Heritage Convention from their drafting and adoption to their implementation, it examines how the realization of Indigenous peoples’ right to self-determination concerning cultural heritage is challenging international law to become more internally consistent in its interpretation and application and international organizations to operate in accordance with their constitutive instruments.

In 2003, the Convention for the Safeguarding of Intangible Cultural Heritage (UNESCO ICH Convention) formalized provision for forms of heritage not solely rooted in the material world. This expanded the scope and accessibility of cultural heritage rights for communities and groups. To much commentary and critique, the United Kingdom (UK) infamously decided not to ratify the UNESCO ICH Convention. This article examines the implications of the UK’s decision not to ratify the Convention for the cultural heritage and human rights of an asylum-seeking group in Glasgow, Scotland, namely, the Glasgow Bajuni campaigners, members of a minority Somali clan. Based on participatory ethnographic fieldwork with the group and analysis of their asylum cases, this article makes two observations: first, that the UK’s absence from the Convention establishes a precedent in which other state actors (that is, immigration authorities) are emboldened to advance skepticism over matters involving intangible cultural heritage and, second, that despite this, limitations in current provisions in the UNESCO ICH Convention would provide the group with little additional protection than they currently have. Developing these observations, we critique current UK approaches to intangible cultural heritage as complicit in the maintenance of hierarchies and the border. Finally, we consider the extent to which the current provisions of the UNESCO ICH Convention might be improved to include migrant and asylum-seeking groups.

Following debate surrounding nominations of food practices for the United Nations Educational, Scientific and Cultural Organization’s lists of intangible cultural heritage (ICH), 10 years after the entry into force of the Convention for the Safeguarding of Intangible Cultural Heritage, we observe that the ICH lists count a growing number of food-related heritage elements. Yet food, or even gastronomy, as a cultural domain within ICH has yet to be officially recognized. However, given the trade policies arising from the new globalization, which subject peoples and the planet to imported, globalized, and standardized models and which generate an impoverishment of agricultures and food cultures, major geo-economic issues will play out around this recognition. Thus, along with identification labels of quality and origin that protect certain products and know-how from counterfeiting, other forms of protection could be put into place for the benefit of intangible food heritage inscribed on national lists and of the products, goods, services, industries, and cultural spaces in which they are embedded. From the perspective of safeguarding cultural diversity, which any inscription of ICH should lead to, these protections could operate not only through the cultural policies within safeguarding plans but also through the creation of a new binding legal instrument—“the heritage brand”—which could become an important facet of international trade law.

Following Nepal’s 2015 earthquake, there was speculation that sacred art would be looted from the ruins of severely damaged temples due to a breakdown in formal security. Although pillage did not immediately occur, the months following the earthquake have seen the theft of sacred heritage items. As Nepali sacred art remains under threat of theft, we explore the processes by which government intervention can be destructive of the community dynamic that maintains local crime prevention on an informal and unofficial level. Based on fieldwork conducted in Nepal shortly before and after the earthquake, we ask: can situational crime prevention measures, when imposed in a top-down fashion upon communities by state actors, be corrosive of collective efficacy and, therefore, ultimately self-defeating in crime prevention terms? The case of post-quake Nepal seems to suggest that the answer to this question is, in some circumstances, yes.

It has been more than 20 years since the raids on the premises at the Geneva Freeport were linked to Giacomo Medici. The seizure of photographic records led to a major investigation of acquisitions by museums and private collectors. This was expanded following the confiscation of archives from Robin Symes and Gianfranco Becchina. Over 350 items have been returned to Italy from North American public and private collections as well as auction houses and galleries. This article reviews the returns and identifies some of the major themes. It also notes some of the unresolved cases both in North America and in Europe and Japan.

The phenomenon of antiquities smuggling is a complicated issue. The lack of official data makes it difficult to do an integrated analysis of the problem. The aim of this article is to present an accurate view of antiquities smuggling in the recent past. After gaining official permission from the Greek police, we examined 246 official arrests made by the Greek Department against Antiquities Smuggling (Athens Office) that occurred between 1999 and 2009. First and foremost, our results revealed that many arrests showed instances of fake antiquities. Moreover, it seems that there is a connection between organized crime and antiquities forgery. In addition, people with higher status are more often involved in antiquities forgery. With respect to the stolen objects, coins were by far the most preferred objects when it comes to forgery, and forgers are also using mostly bronze when it comes to these forgeries. Antiquity looting seems to have many hidden aspects, and the varied natured of antiquities smuggling requires the cooperation of a range of competent authorities and an in-depth investigation of the data, which should be based on the principles of the scientific method.

This article examines the different meanings that rights to land and culture hold in San Basilio de Palenque, an Afro-Colombian community whose “cultural space” was declared by the United Nations Education, Scientific and Cultural Organization (UNESCO) to be intangible cultural heritage of humanity in 2005. I investigate how the language of rights—both communal and individual—operates simultaneously at various registers and is strategically put to work in distinct political spheres. Drawing from ethnographic field research conducted between 2009 and 2013, I argue that while communal rights are invoked to garner recognition from state and transnational organizations like UNESCO, individual rights, conceived as exclusive prerogatives, serve to mark hierarchical distinctions between community members. I examine the paradoxical coexistence of two contradictory claims: one of cultural cohesion and another of social hierarchy. I conclude by questioning how a more nuanced examination of rights discourses in Palenque might contribute to understanding the multiple meanings of rights, not simply across time or space but also in relation to their perceived strategic purpose.

This article focuses on the issue of framing of food in international law, as a means to highlight the specific dimensions of food that are the focus of food as heritage under the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. The specific example of Mexican traditional cuisine is used as a prism through which to analyze regulatory choices across a range of organizations in the United Nations System, yielding a number of frames: food as heritage, food as a human right, food as indigeneity, food as biodiversity, and food as a regulatory object. The frames are natural consequences of the mandates of the bodies addressing food, and the article argues that food as heritage needs to be more clearly engaged with other dimensions of food in international law, lest food becomes just a tourist attraction under the intangible heritage regime.

In light of the recent rise of destruction and looting of cultural property, a need for formalized heritage protection has arisen. Increasingly popular in the debate has become the instrument of international assistance known as “safe havens.” These temporary refuges for at-risk cultural goods in a third country have recently been implemented by Switzerland, France, the United States, and the Association of Art Museum Directors. We assess the contributions and shortcomings of these four regimes using a comparative approach. Mainly, we find that, despite variations in their scope and structure, none of the models accounts entirely for today’s major difficulties in protecting endangered cultural properties. We draw recommendations for future safe haven states against the backdrop of the existing models and hope to see the instrument used in practice as a way to safely isolate cultural property from destructive conflicts.

Social scientists are increasingly approaching the World Heritage Committee itself as an entry-point to understanding global heritage processes and phenomena. This article explores the subject of human rights in the operations of the World Heritage Committee—the decision-making body established by the 1972 UNESCO World Heritage Convention. It seeks to address the epistemological and methodological implications of approaching the World Heritage Committee as a point of departure for understanding global heritage and rights dynamics. It builds on an “event ethnography” undertaken by the authors to understand how rights discourse appeared in multiple contexts during the Thirty-Ninth World Heritage Committee session held in Bonn, Germany, in June 2015.

In this article, we discuss the methodological and ontological implications of studying rights discourses in the context of World Heritage events and processes. We have a particular interest in the interplay of formal and informal dynamics, revealing the entangled and multi-sited processes that shape and are shaped by the annual event. While much of the debate and analysis in heritage studies is understandably concerned with formal decision-making processes and position-taking, this work demonstrates the significance of a range of informal dynamics in appreciating future possibilities.

“Washoku, traditional dietary cultures of the Japanese” was inscribed in UNESCO’s Representative List of the Intangible Cultural Heritage of Humanity in 2013, joining the company of French, Mexican, and Mediterranean “national” food traditions in the exclusive List. Although a relatively novel abstraction, washoku (literally “Japanese food”) was formally defined and recreated by a panel of government-appointed experts for inscription purposes.

This paper investigates washoku’s evolution into intangible heritage and the consequences of inscription. Analysis of field data from official meetings and primary text sources reveal that Japanese food heritage was both influenced and undermined by UNESCO’s intangible heritage system and the overriding precedent set by the “gastronomic meal of the French.” The example of washoku, though successfully inscribed, casts doubts on the feasibility of national food traditions in UNESCO’s system for intangible heritage, including their roles in promoting cultural diversity and heritage preservation.

This article will show how institutions and cultural values mediate changes in the governance of repatriation policy. By examining ownership paradigms and institutional power structures and analyzing the changing discourses before and after the passage of the Native American Graves Protection and Repatriation Act, it is possible to understand the ramifications of formalizing repatriation. The current binary of cultural property nationalism/cultural property internationalism in relation to Indigenous ownership claims does not represent the full scope of the conflict for Indigenous people within the Western legal interpretations of property ownership. Inclusion of a cultural property indigenism component into the established cultural property nationalism/internationalism ownership paradigm will more accurately represent Indigenous concerns for cultural property. Looking at the rules, norms, and strategies of national and international laws and museum institutions, this article will argue that there are consequences to repatriation claims that go beyond the possession of property and that a formalized process (or semi-formalized approach) can aid in addressing Indigenous rights.