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Archaeology, Cultural Heritage, and the Antiquities
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Neil Brodie, Morag M. Kersel, Christina Luke, and Kathryn Walker Tubb

Print publication date: 2006

Print ISBN-13: 9780813029726

Published to Florida Scholarship Online: September 2011

DOI: 10.5744/florida/9780813029726.001.0001

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Recent Developments In the Legal Protection of Cultural Heritage

Recent Developments In the Legal Protection of Cultural Heritage

(p.68) 3 Recent Developments In the Legal Protection of Cultural Heritage
Archaeology, Cultural Heritage, and the Antiquities Trade

Neil Brodie

Morag M. Kersel

Kathryn Walker Tubb

University Press of Florida

This chapter discusses the other legal measures available to discourage or combat trade in antiquities and thus protect heritage at its source. It also examines patrimony laws, showing that the conviction of Frederick Schultz in 2002 confirmed that one type of foreign patrimony law—state ownership of antiquities—is recognized by U.S. criminal courts, and as a result the force of the art museums' argument has been lessened. It first sets out the methodical, incremental progress that has been made, primarily in the American, British, and Swiss legal systems, and then contrasts this progress with the inability of these legal systems to respond effectively to sudden crises. In particular, recent progress in the legal regime to protect cultural heritage is covered. The recent crises in the protection of cultural heritage are then addressed.

Keywords:   cultural heritage, legal protection, trade, patrimony laws, antiquities, United States, British legal systems, Swiss legal systems

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