 |
|
| The Protection of Cultural Property: Post-Colonial and Post-Conflict Perspectives from Sri Lanka | ||
| 作者 | Kamardeen, Naazima (著) |
|---|---|
| 出處題名 | International Journal of Cultural Property |
| 卷期 | v.24 n.4 |
| 出版日期 | 2017.11 |
| 頁次 | 429 - 450 |
| 出版者 | Cambridge University Press |
| 出版者網址 | http://www.journals.cambridge.org |
| 出版地 | New York, NY, US [紐約, 紐約州, 美國] |
| 資料類型 | 期刊論文=Journal Article |
| 使用語言 | 英文=English |
| 附註項 | Author Affiliation: University of Colombo, Sri Lanka |
| 關鍵詞 | Sri Lanka; ownership; cultural property; cultural heritage; restitution; colonialism |
| 摘要 | Cultural property is related to the evolution of a nation’s identity. It forms a vital link to the past, wherefrom the present and future may be nurtured and enriched. However, objects related to cultural heritage have been the target of looting and pilfering, resulting in loss to the country concerned. The situation is worsened where these objects have been removed during an era where there were no laws and regulations to control such removal. This article focuses on the loss of cultural property with reference to two specific modes of loss of particular concern to Sri Lanka—the removal of cultural property during the colonial era and the loss of cultural property during the more recent ethnic conflict. Through an analysis of the relevant laws and regulations, this article evaluates Sri Lanka’s rights to its cultural property and its efforts to regain, and preserve, its cultural heritage. |
| 目次 | Abstract 429 Keywords 429 INTRODUCTION 429 THE CASE FOR THE RETURN OF CULTURAL PROPERTY REMOVED DURING THE COLONIAL ERA 431 The Historical Nature of the Problem 431 The Legal Nature of the Problem 433 Cultural Property Defined 433 Modern Legal Theories on the Ownership of Cultural Property 435 Which System of Law Prevails? 436 A Comparative Analysis: The Indian Position 437 International Law Relating to Cultural Property 438 Modern Jurisprudential Thinking on the Return of Cultural Objects Taken during Times of Conflict 441 Resolution of the Issue: There Is No Case for the Return of Cultural Property Taken during the Colonial Era 443 THE MODERN-DAY PROBLEM: LOSS OF CULTURAL PROPERTY DUE TO ARMED CONFLICT 44 The Prevailing Context 44 The Geographic Issues of Looting 444 International Regime Governing Cultural Property during Times of Armed Conflict 445 National Laws Designed to Protect Cultural Property 445 Resources Available for the Protection of Cultural Property 448 Problems Facing the Department of Archaeology 449 CONCLUSION 449 BIBLIOGRAPHY 450 |
| ISSN | 09407391 (P); 14657317 (E) |
| DOI | https://doi.org/10.1017/S094073911700025X |
| 點閱次數 | 69 |
| 建檔日期 | 2024.07.12 |
| 更新日期 | 2024.07.12 |
建議您使用 Chrome, Firefox, Safari(Mac) 瀏覽器能獲得較好的檢索效果，IE不支援本檢索系統。
