Cultural Heritage Protection: The Legal Sphere

Introduction

In an overview, cultural heritage may be seen as the material remains of the past, created by human endeavor, and held preserved by nations or subset political bodies, which are the domain of the cultural group within which they are created. The cultural group puts the items into context and imparts the meaning by which they are regarded. The political unit establishes the rules for compliance, enforcement, and resolution of claims for control or return of cultural items. The meaning and importance attached to places and items of cultural heritage are in part a product of the custom and use of the cultural group. When items are held within a group, the local understanding and cultural ethic will constrain improper use or transfer. Such internal rules are often referred to as common law. In times of war or other international actions, such as development or exploration, outside actors may not be imbued with the same ethic. Graffiti on historic sites and removal of items...