Global Encyclopedia of Territorial Rights

Living Edition
| Editors: Michael Kocsis

Cultural Heritage and Territorial Rights

Living reference work entry
DOI: https://doi.org/10.1007/978-3-319-68846-6_73-1
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Synonyms

Definition

Culturally significant objects, particularly those produced or possessed within a territory in former times.

Description

Among the functions which national borders can serve is the control of cultural artifacts. Italy, for example, has restricted the export of any book printed before 1965 (Pregliasco 2015). In the United Kingdom, a comparatively liberal regime rarely bans exports outright, but routinely delays them in hope that a domestic buyer will step in to “save” an item “for the nation.” (See Arts Council England (n.d.) for details of the reviewing process.)

Moreover, objects may become subject to claims that they legally or morally ought to be “repatriated” to the territories in which they were made or previously owned. The usual legal watershed for claims of this sort is the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership...

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Notes

Publisher’s note:

Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

References

  1. Appiah KA (2006) Whose culture is it? New York Rev Books 53(2):38–41Google Scholar
  2. Arts Council England (n.d.) Reviewing Committee. https://www.artscouncil.org.uk/supporting-collections-and-cultural-property/reviewing-committee Accessed 17 Aug 2018
  3. Cuno J (2008) Who owns antiquity? Museums and the battle over our ancient heritage. Princeton University Press, PrincetonGoogle Scholar
  4. Hitch G, Hose N (2017) Uluru climbs banned from October 2019 after unanimous board decision to ‘close the playground’. ABC News. http://www.abc.net.au/news/2017-11-01/uluru-climbs-banned-after-unanimous-board-decision/9103512 Accessed 29 Jul 2018
  5. Jones S (2008) £254m battle of the Black Swan. Guardian. https://www.theguardian.com/world/2008/mar/24/usa.spain Accessed 24 Apr 2018
  6. Lafarge F (2006) Landscapes in international law and European law. In: Sassatelli M (ed) Landscape as heritage: negotiating European cultural identity. European University Institute, Fiesole, pp 37–44Google Scholar
  7. Miller D (2012) Territorial rights: concept and justification. Pol Stud 60(2):252–268CrossRefGoogle Scholar
  8. Pregliasco U (2015) Italian borders closing on rare books. https://www.ilab.org/articles/italian-borders-closing-rare-books Accessed 17 Aug 2018
  9. Swallow J (2010) On this day: aboriginal Australians get Uluru back. Australian Geographic. http://www.australiangeographic.com.au/blogs/on-this-day/2010/10/on-this-day-aboriginal-australians-get-uluru-back Accessed 29 Jul 2018
  10. Thompson J (2003) Cultural property, restitution and value. J Appl Philos 20(3):251–262CrossRefGoogle Scholar
  11. UPI (2006) Italy’s crown jewels may come out of vault. https://www.upi.com/Italys-crown-jewels-may-come-out-of-vault/77421139975682/ Accessed 1 Jun 2018
  12. Wilk RR (1999) Whose forest? Whose land? Whose ruins? Ethics and conservation. Sci Eng Ethics 5(3):367–374CrossRefGoogle Scholar
  13. Young JO (2007) Cultures and cultural property. J Appl Philos 24(2):111–124CrossRefGoogle Scholar
  14. Ypi L (2013) Territorial rights and exclusion. Philos Compass 8(3):241–253CrossRefGoogle Scholar
  15. Ypi L (2014) A permissive theory of territorial rights. Eur J Philos 22(2):288–312CrossRefGoogle Scholar

Authors and Affiliations

  1. 1.Department of PhilosophyDurham UniversityDerbyUK

Section editors and affiliations

  • Nick C. Sagos
    • 1
  1. 1.Humanities / Liberal ArtsSeneca CollegeTorontoCanada