Relevant bibliographies by topics / Cultural property – Repatriation

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Cultural property – Repatriation'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Cultural property – Repatriation"

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Breske, Ashleigh. "Politics of Repatriation: Formalizing Indigenous Repatriation Policy." International Journal of Cultural Property 25, no. 3 (August 2018): 347–73. http://dx.doi.org/10.1017/s0940739118000206.

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Abstract: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.
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Anderson, Christopher. "Repatriation of cultural property: a social process." Museum International 42, no. 1 (March 1990): 54–55. http://dx.doi.org/10.1111/j.1468-0033.1990.tb00837.x.

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Kuprecht, Karolina. "The Concept of “Cultural Affiliation” in NAGPRA: Its Potential and Limits in the Global Protection of Indigenous Cultural Property Rights." International Journal of Cultural Property 19, no. 1 (February 2012): 33–63. http://dx.doi.org/10.1017/s0940739112000057.

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AbstractIn the debate about indigenous cultural property, the Native American Graves Protection and Repatriation Act (NAGPRA) of the United States has developed and implemented an unorthodox concept of “cultural affiliation.” The act entitles Indian tribes and Native Hawaiian organizations to claim repatriation of their cultural property—comprising human remains, funerary objects, sacred objects, and objects of cultural patrimony—upon the establishment of a specific shared group identity and a cultural affiliation to an object. The concept of cultural affiliation in the act replaces proof of ownership, or proof that an object was stolen or illicitly removed. It thereby amends traditional standards saturated in notions of property and ownership that have perpetuated since Roman law and allows the evolution of a control regime over cultural property that takes into account the cultural aspects of the objects. On an international level, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007 stipulates a similar emancipation of indigenous peoples' cultural property claims from notions of property and ownership. This article explores NAGPRA's cultural affiliation concept as it stands between private property and human rights law and brings into focus the concept's elements that go beyond traditional property law. It ultimately looks at the potential and limits of the concept from an international perspective as a standard for other countries that consider implementation of UNDRIP's provisions on indigenous, tangible, movable cultural property.
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Prażmowska-Marcinowska, Karolina. "Repatriation of Indigenous Peoples’ Cultural Property: Could Alternative Dispute Resolution Be a Solution? Lessons Learned from the G’psgolox Totem Pole and the Maaso Kova Case." Santander Art and Culture Law Review 8, no. 2 (December 30, 2022): 115–38. http://dx.doi.org/10.4467/2450050xsnr.22.015.17028.

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Considering that the vast majority of the objects constituting Indigenous Peoples’ cultural heritage are now located outside their source communities, the restitution of cultural property has become a pressing issue among Indigenous Peoples worldwide and should be understood as part of Indigenous Peoples’ historical (as well as current) encounter with colonization and its consequences. As such, this article investigates whether international cultural heritage law offers any possibilities for successful repatriation and to what extent the shortcomings of the framework in place could be complemented by alternative dispute resolution (ADR) mechanisms and the new mandate of the Expert Mechanism on the Rights of Indigenous Peoples (Expert Mechanism). First, crucial concepts in the repatriation debates are explained. Next the factual background of the case studies of the G’psgolox Totem Pole and Maaso Kova are presented. This is followed by a discussion of the most pertinent mechanisms of international cultural heritage law and the place of Indigenous Peoples’ rights within such a framework. Subsequently, the concept of ADR is introduced, and the details of the negotiation processes between the Haisla First Nation (Canada) and the Yaqui People (Mexico, the United States) – both with the Museum of Ethnography in Stockholm (Sweden) – are presented. Finally, the article evaluates to what extent ADR could be an appropriate mechanism for the settlement of disputes concerningIndigenous Peoples’ cultural property, andwhether the Expert Mechanism is a well-suited body for facilitating the process of repatriating Indigenous Peoples’ cultural heritage.
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Akhtar, Zia. "NAGPRA and Commodification of Cultural Property: A Legal Mechanism to Prevent Its Transfer to Europe and Return to the Native Nations." Global Trade and Customs Journal 12, Issue 10 (November 1, 2017): 374–87. http://dx.doi.org/10.54648/gtcj2017051.

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The movement for restoration of Native American cultural property began with the enactment of the American Indian Religious Freedom Act 1978 followed by the Native American Graves Protection and Repatriation Act 1990 (NAGPRA). However, the federal legislation has been restricted because the desecrations of graves and funeral artifacts have continued to be appropriated and transferred from the reservations to their destinations in museums and auctions houses abroad. They have mostly ended up in Europe and are displayed against the will of the Native tribes from whose lands they have been moved. The domestic legal umbrella of NAGPRA does not provides protection when cultural property is resident abroad and the framework of ‘soft’ international law such as the United Nations Educational, Scientific and Cultural Organisation Convention (UNESCO) Convention and UNIDROIT Convention are not sufficient to facilitate their repatriation. The preventative extraterritorial legal regime has not been successful in transferring cultural property and there needs to be an improved mechanism devised to apprehend and to repatriate them to the original owners. This article argues for a framework that is international and which imposes sanctions when the iconographic property that is stolen is moved and is stored or sold for monetary gain and for its return to the rightful owners.
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Harkin, Michael E. "Object lessons: the question of cultural property in the age of repatriation." Journal de la société des américanistes 91, no. 91-2 (December 5, 2005): 9–29. http://dx.doi.org/10.4000/jsa.2932.

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Nicholas, George, John R. Welch, Alan Goodman, and Randall McGuire. "Beyond the Tangible: Repatriation of Cultural Heritage, Bioarchaeological Data, and Intellectual Property." Anthropology News 51, no. 3 (March 2010): 11–12. http://dx.doi.org/10.1111/j.1556-3502.2010.51311.x.

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Bell, CE, and RK Paterson. "Aboriginal rights to cultural property in Canada." International Journal of Cultural Property 8, no. 1 (January 1999): 167–211. http://dx.doi.org/10.1017/s0940739199770669.

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This article explores the rights of Aboriginal peoples in Canada concerning movable Aboriginal cultural property. Although the Canadian constitution protects Aboriginal rights, the content of this protection has only recently begun to be explored by the Supreme Court of Canada in a series of important cases. This article sets out the existing Aboriginal rights regime in Canada and assesses its likely application to claims for the return of Aboriginal cultural property. Canadian governments have shown little interest in attempting to resolve questions concerning ownership and possession of Aboriginal cultural property, and there have been few instances of litigation. Over the last decade a number of Canadian museums have entered into voluntary agreements to return cultural objects to Aboriginal peoples' representatives. Those agreements have often involved ongoing partnerships between Aboriginal peoples and museums concerning such matters as museum management and exhibition curatorship. A recent development has been the resolution of specific repatriation requests as part of modern land claims agreements. The compromise represented by these negotiated solutions also characterizes the legal standards being developed to reconcile existing Aboriginal rights and the legitimate policy concerns of the wider Canadian society.
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Palmer, N. "Repatriation and Deaccessioning of Cultural Property: Reflections on the Resolution of Art Disputes." Current Legal Problems 54, no. 1 (January 1, 2001): 477–532. http://dx.doi.org/10.1093/clp/54.1.477.

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Joyce, Rosemary A. "Science, objectivity, and academic freedom in the twenty-first century." International Journal of Cultural Property 28, no. 2 (May 2021): 193–99. http://dx.doi.org/10.1017/s0940739121000230.

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AbstractThe publication of a book in 2020 that argues against repatriation, on the grounds that it is incompatible with the necessary objectivity required for the production of scientific knowledge, raises issues that most scholars consider long settled. Rather than engage in a detailed review, this commentary revisits the reasons why claims of contributing to universal knowledge are insufficient to justify exploitation of the physical remains, and cultural property, of people who object to specific lines of research and reminds readers that academic freedom is a mitigated freedom that is rooted in responsibilities and norms agreed on within disciplines, all of which today accept repatriation as part of the necessary redress of legacies of exploitation.
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Dissertations / Theses on the topic "Cultural property – Repatriation"

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Breske, Ashleigh M. L. "Politics of Repatriation: Formalizing Indigenous Cultural Property Rights." Diss., Virginia Tech, 2018. http://hdl.handle.net/10919/96766.

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This project will be an empirical study into repatriation as a political practice. This theoretically-oriented project investigates how institutions and cultural values mediate changes in the governance of repatriation policy, specifically its formalization and rescaling in the United States. I propose a critical approach to understanding repatriation; specifically, I will draw together issues surrounding museums, repatriation claims, and indigenous communities throughout the development of the Native American Graves Protection and Repatriation Act (NAGPRA) in 1990 and current repatriation policy. The interdisciplinary academic narrative I build will explore practices of repatriation and how it relates to the subject of indigenous cultural rights. Using the University of Pennsylvania Museum of Archaeology and Anthropology in Philadelphia, PA and the Field Museum of Natural History in Chicago, IL as models for the repatriation process, I will show the historic political tensions and later attempts to repatriate culturally significant objects and human remains in the United States. By examining entrenched discourses prior to NAGPRA and what changed to allow a new dominant discourse in the debates over repatriation claims, I will show that culturally-structured views on repatriation and narratives surrounding indigenous cultural property were transformed. By examining ownership paradigms and analyzing discourses and institutional power structures, it is possible to understand the ramifications of formalizing repatriation. The current binary of cultural property nationalism/cultural property internationalism in relation to cultural property ownership claims does not represent the full scope of the conflict for indigenous people. Inclusion of a cultural property indigenism component into the established ownership paradigm will more fully represent indigenous concerns for cultural property. Looking at the rules, norms and strategies of national and international laws and museum institutions, I will also argue that there are consequences to repatriation claims that go beyond possession of property and a formalized process (or a semi- formalized international approach) can aid in addressing indigenous rights. I will also ask the question, does this change in discourse develop in other countries with similar settler colonial pasts and indigenous communities, i.e. in Canada, New Zealand, Australia? My work will demonstrate that it does. Essentially, the repatriation conversation does not immediately change in one country and then domino to others. Instead, it is a change that is happening concurrently, comparative to other civil rights movements and national dialogues. The cultural and institutional shifts demanding change appear to have some universal momentum. The literatures to which this research will contribute include: museum studies, institutional practices, material cultural and public humanities, and indigenous right.
PHD
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Lemoine, April J. Williams Stephen L. "Repatriation of cultural property in museums a balance of values and national agendas /." Waco, Tex. : Baylor University, 2007. http://hdl.handle.net/2104/5073.

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Fitch, Michelle L. "Native American Empowerment Through Digital Repatriation." Digital Commons @ East Tennessee State University, 2013. https://dc.etsu.edu/etd/2291.

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Following the Enlightenment, Western adherence to positivist theory influenced practices of Western research and documentation. Prior to the introduction of positivism into Western scholarship, innovations in printing technology, literary advancements, and the development of capitalism encouraged the passing of copyright statutes by nation-states in fifteenth century Europe. The evolution of copyright and positivism in Europe influenced United States copyright and its protection of the author, as well as the practice of archiving and its role in interpreting history. Because Native American cultures practiced orality, they suffered the loss of their traditional knowledge and cultural expressions not protected by copyright. By incorporating postmodern perspectives on archiving and poststructuralist views on the formation of knowledge, this thesis argues that Native American tribes now use Western forms of digital technology to create archives, record their histories, and reclaim control of their traditional cultural expressions.
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Haskin, Eleanor. "Legal Consciousness and the Legal Culture of NAGPRA." Oberlin College Honors Theses / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1601049615507107.

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Gonzales-Moreno, Maria Cristina. "Restless spirits : museums and the California Native American Graves and Repatriation Act dilemma /." 2007. http://library2.jfku.edu/Museum_Studies/Restless_Spirits.pdf.

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Karson, Jennifer. "Bringing it home: instituting culture, claiming history, and managing change in a plateau tribal museum." Thesis, 2007. http://hdl.handle.net/2152/3681.

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This dissertation considers the Native North American repatriation movement as a sociocultural study, in which traditional knowledge and other information accompany returns to tribes. I engage this process with the Cayuse, Umatilla, and Walla Walla Tribes of northeastern Oregon (the Confederated Tribes of the Umatilla Indian Reservation) as they present, preserve, and perpetuate tribal history and culture at their museum, Tamástslikt Cultural Institute. I also explore self-representation and Native participation at the Pendleton Round-Up rodeo and "wild west" pageant in the neighboring town of Pendleton, Oregon. Investigating the connectivity between repatriation, collaboration, and representation, I ask how repatriation defines itself beyond the return of objects of cultural patrimony to influence the development of a tribal cultural and historical narrative. I argue that newly developed tribal perspectives are therefore a bi-product of repatriation. By presenting tribal perspectives based in negotiation, repatriation thus leads to self-representation via collaborative processes. Collaborative processes allow for anthropological research and knowledge to be shared, accessed, and controlled by Native communities, thus allowing for multiple forms of repatriation to manifest. Working within a collaborative framework based primarily in grounded and emergent theory, I also brought theories of the diaspora, historical memory, and trauma to bear on my research in hopes of exploring how return is further complicated in both a literal and a figurative sense. I am informed by Native American and Cultural Studies, yet rather than rejecting or discarding the historical relationship of contact between Anthropology and Native America, this dissertation favors a discussion of changes and adjustments within it. My work contributes to the anthropological literature on tribal museums and representation, and to new understandings of the repatriation of identity and knowledge. I also hope to contribute to growing collaborative action/advocacy-based ethnographic models for conducting research with Native North Americans. An applied and collaborative methodology was employed as I assisted in realizing projects initiated by the Tribes' and operating within a particular Native worldview, spanning from curation to interpretation, at Tamástslikt. While remaining separate and distinct, my own dissertation project was nevertheless structured, informed, and achieved alongside, and in conjunction with, tribally controlled projects.
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Campbell, Emmy-Lou. "The transformative power of T’xwelátse: a collaborative case study in search of new approaches to Indigenous cultural repatriation processes." Thesis, 2010. http://hdl.handle.net/1828/2895.

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This collaborative study investigates the events that led to the repatriation of the Stone T’xwelátse from the Burke Museum of Natural History, University of Washington Seattle, USA to the Noxwsá7aq people of Deming Washington, USA and to the Stó:lō people of Chilliwack, B.C. Canada. Stone T’xwelátse is the first ancestor of the Chilliwack people who was transformed to stone by the transformer This research grew out of the desire to learn about and share the positive lessons learned during the repatriation process and to investigate if these experiences could benefit repatriation processes in Canada, specifically the province of B.C. This work establishes the current legal setting for cultural repatriation processes in Canada, the United States, and internationally, tells the ancient and contemporary story of Stone T’xwelátse, and examines the impact of Indigenous law, differing worldviews, community capacity, and relationships on cultural repatriation processes. An analysis of the conflict is presented through the identification of the key challenges and successes. The events of the repatriation, as told by the research participants, support the argument for the implementation of John Paul Lederach’s Conflict Transformation Theory practices in future cultural repatriation processes. Using Participatory Action Research and Indigenous Research methodologies data was gathered through participant interviews to form the result of the study: How to Work Together in a Good Way: Recommendations for the Future for Museums, Communities, and Individuals from the Participants of the Stone T’xwelátse Repatriation Research Project and Museum Professionals. These recommendations were formed to share the lessons learned from the Stone T’xwelátse repatriation and also to state changes that the participants would like to see implemented in cultural repatriation processes in Canada. Stone T’xwelátse is now with the Stó:lō people fulfilling his role to teach the people “how to live together in a good way.”
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Conradie, Dirk Philippus. "Unknown provenance : the forgery, illicit trade and looting of ancient near eastern artifacts and antiquities." Diss., 2016. http://hdl.handle.net/10500/21707.

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The archaeology of the region, referred to in scholarly lexicon as the Ancient Near East, is richly endowed with artefacts and monumental architecture of ancient cultures. Such artefacts, as a non-renewable resource are, therefore considered to be a scarce commodity. So also is the context and the provenance of these objects. Once an object’s provenance has been disturbed, it is of no further significant use for academic research, except for aesthetic value. Historically, as well as in the present, we see that humans have exploited this resource for various reasons, with very little regard given to provenance. The impact of forgery, illicit trade and looting are the greatest threat to the value of provenance. Contrary to some arguments, collectors, curators, buyers, looters and certain scholars play a significant role in its destruction. This research reveals to what extent unknown provenance has become a disturbing problem in the study of archaeological artefacts.
Biblical and Ancient Studies
M.Th. (Biblical Archaeology)
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Jørgensen, Helle Bank. "Exchanging the inalienable the politics and practice of repatriating human remains from Museum and Maori tribal perspectives /." 2005. http://www.anthrobase.com/Txt/J/Joergensen_H_01.htm.

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Thesis (Kandidatspeciale / MA)--Institute of Anthropology, University of Copenhagen.
Title from screen page; viewed 25 July 2005. Includes bibliographical references. Also available in print format.
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Netshakhuma, Nkholedzeni Sidney. "An exploration of the digitisation strategies of the liberation archives of the African National Congress in South Africa." Diss., 2016. http://hdl.handle.net/10500/22011.

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A number of digitization projects undertaken by archival organisations in Africa failed to realise their goals of ensuring preservation and access of records. This is partially due to the lack of strategies to move from analogue to digital records. Despite many guidelines, standards and software systems developed by national archives, coalitions, professional associations, research groups and commercial organisations, digital records are still a challenge to manage. This study explored the strategies adopted by the African National Congress (ANC) in digitizing its liberation archives with a view to capturing lessons learnt. Qualitative data were collected through interviews with purposively selected employees of the African National Congress, Multi Choice, Africa Media Online and Nelson Mandela Foundation who were involved in the repatriation and digitization project of the liberation archives. Interview data were augmented through document analysis and observation. The key findings revealed that the ANC established an archives management committee that played an important role in the repatriation and digitization of liberation archives. The committee utilized former liberation struggle members to identify records in various ANC missions in different countries. It was established that although the ANC was aware of where its records were abroad, not all its records were repatriated to South Africa after the unbanning of the liberation movements. Furthermore, the finding revealed that the ANC relied heavily on Multi Choice and Africa Media Online as its archivists were not trained in digitization. A number of lessons learnt with regard to digitization of liberations archives are captured. The study concludes by demonstrating the importance of having a strategy in digitizing archival holdings. It is recommended that this study should be extended to other liberation movements in eastern and southern Africa.
Information Science
M. Inf.
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Books on the topic "Cultural property – Repatriation"

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Guo ji yi shu pin mao yi zhong de fa lü wen ti. Wuhan: Hua zhong ke ji da xue chu ban she, 2010.

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Matelski, Dariusz. Grabież i restytucja polskich dóbr kultury od czasów nowożytnych do współczesnych. Kraków: Tow. Przyjaciół Sztuk Pięknych w Krakowie, 2006.

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Scovazzi, Tullio. La restituzione dei beni culturali rimossi con particolare riguardo alla pratica italiana. Milano: Giuffrè editore, 2014.

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Guo ji yi shu pin mao yi zhong de fa lü wen ti. Wuhan: Hua zhong ke ji da xue chu ban she, 2010.

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Matelski, Dariusz. Grabiez i restytucja polskich dobr kultury. Tomy I-II: Od czasow nowozytnych do wspolczesnych. Krakow: Towarzystwo Przyjaciol Sztuk Pieknych w Krakowie, 2006.

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Fei fa liu shi wen wu zhui suo zhong de fa lü chong tu ji Zhongguo de xuan ze. Beijing Shi: Fa lü chu ban she, 2014.

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Johnson, Greg. Sacred claims: Repatriation and living tradition. Charlottesville: University of Virginia Press, 2007.

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Mânăstire, Ion Anghel. Restituiri: Poliția Română : valori culturale redate patrimoniului cultural național și universal. București: [s.n.], 2000.

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Ppaeatkin munhwajae rŭl mal hada: Tabot'ap ŭi tolsaja nŭn ŏdiro kassŭlkka? Sŏul-si: Chagŭn Sup, 2012.

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Klimavičius, Raimundas. Lietuvos kultūros vertybių repatriacijos problema ir jos sprendimas 1918-1940 metais. Vilnius: Versus aureus, 2007.

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Book chapters on the topic "Cultural property – Repatriation"

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Fründt, Sarah. "Return logistics — repatriation business." In Cultural Property and Contested Ownership, 178–97. Abingdon, Oxon; New York, NY: Routledge, 2016.: Routledge, 2016. http://dx.doi.org/10.4324/9781315642048-12.

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Kuprecht, Karolina. "International Cultural Property Repatriation Claims of Indigenous Peoples." In Indigenous Peoples' Cultural Property Claims, 75–156. Cham: Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-01655-9_4.

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Kuprecht, Karolina. "National Cultural Property Repatriation Claims of the Native Americans Native Americans." In Indigenous Peoples' Cultural Property Claims, 55–73. Cham: Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-01655-9_3.

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Scovazzi, Tullio. "Repatriation and Restitution of Cultural Property: Relevant Rules of International Law." In Encyclopedia of Global Archaeology, 9176–82. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-30018-0_1503.

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Scovazzi, Tullio. "Repatriation and Restitution of Cultural Property: Relevant Rules of International Law." In Encyclopedia of Global Archaeology, 1–6. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-51726-1_1503-2.

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Scovazzi, Tullio. "Repatriation and Restitution of Cultural Property: Relevant Rules of International Law." In Encyclopedia of Global Archaeology, 6318–24. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4419-0465-2_1503.

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Cohen, Hart. "Film as Cultural Memory: The Struggle for Repatriation and Restitution of Cultural Property in Central Australia." In Cultural Memories of Nonviolent Struggles, 91–110. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137032720_5.

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Watkins, Joe. "Repatriation of Cultural Property in the United States: A Case Study in NAGPRA (USA)." In Encyclopedia of Global Archaeology, 9182–85. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-30018-0_1837.

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Watkins, Joe. "Repatriation of Cultural Property in the United States: A Case Study in NAGPRA (USA)." In Encyclopedia of Global Archaeology, 1–4. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-51726-1_1837-2.

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Watkins, Joe. "Repatriation of Cultural Property in the United States: A Case Study in NAGPRA (USA)." In Encyclopedia of Global Archaeology, 6324–27. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4419-0465-2_1837.

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