The Human Right to Cultural Property
19 Pages Posted: 26 Jun 2011 Last revised: 25 Sep 2011
Date Written: June 1, 2011
Ancient and historical objects and sites are designated “cultural property” because the property model has traditionally controlled their disposition and trade. In recent decades, however, the cultural property protection model has moved away from a property framework and toward a human rights framework. This Article argues that this evolution is particularly visible in international law, where the text and tenor of international agreements indicate there is an emerging right to cultural property born of the human right to culture. The Article then considers the implication of these changes on the sovereignty of nation states.
Keywords: cultural property, cultural heritage, human rights, intangible cultural, repatriation
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