International Cultural Property Society

ABOUT US

The International Cultural Property Society was established by Professor John Henry Merryman in 1990 to sponsor reasoned discussion of all aspects of cultural property and heritage. The role of the Society is to provide a neutral forum for the discussion of all aspects of and interests in cultural property.

BOARD OF DIRECTORS

President: Stanley N. Katz
Center for Arts and Cultural Policy Studies
Princeton University, USA

Secretary: Stephen K. Urice
Associate Professor of Law
Director, Project for Cultural Heritage Law & Policy
University of Miami School of Law, USA

President Emeritus: Daniel Shapiro
Columbia Law School, USA

Derek Anthony Gillman
Executive Director and President
The Barnes Foundation, USA

Talat S. Halman
Center for Turkish Literature
Bilkent University, Turkey

Marc-André Renold
Associate Professor, Faculty of Law
Director, Art-law Centre
University of Geneva, Switzerland

Lawrence Rosen
Department of Anthropology
Princeton University, USA

Kurt Siehr
Law School
University of Zurich, Switzerland

WHAT IS “CULTURAL PROPERTY?”*

Cultural property goes back a long way. It is probably fair to say that it originated with the beginnings of human creation, the earliest material and intellectual expressions of mankind. And as soon as there was cultural property, there likely was dispute, although in a most primitive form. The destruction, supplanting and taking of another group's cultural creations may not unreasonably be thought of as the earliest form of cultural property debate.

Self consciously dealing with cultural property came much later. Historically, cultural property was first thought of as spoils in war. Taking the material goods of an enemy as trophies in conquests was the rule in the ancient world. Dominance over or the eradication of other cultures was also viewed as a natural benefit of war. Regulation of such conduct was only thought useful to avoid negative consequences. Thus there was concern that since the taking and triumphal display of another culture's art provided no military benefit, but could undermine military discipline, and might provoke reprisal from angry gods, some limitations might be appropriate. By the Middle Ages and Renaissance in Europe, there were some limits on the taking of cultural property, at least from neighboring Christian states. But it was not until the grand conquests and takings of Napoleon, the rise of nation states, and the increased likelihood of destruction in modern warfare that there were concerted efforts to regulate cultural property through national laws and international treaties.

Over the past half century, cultural property and cultural differences have become increasingly important and have emerged as the subject of multidisciplinary inquiry with ever widening dimensions. Unlike in the past, when war and economic and political forces generally shaped attitudes and approaches to cultural property, cultural differences and relations are now everywhere considered subjects in need of discussion. From news reports to scholarly study, matters involving past cultures, indigenous peoples, cultural preservation, restitution, museum collections and display, tourism, intangible cultural property, national and community property and policy, cultural diversity and identity are all aspects of cultural property discussions. In addition, matters such as cultural dominance and imperialism, the effects of colonialism, multiculturalism, commercialization, globalization, terrorism, religious practices, and the effect of international economic and political bodies, are now viewed as involving differences of culture and their interrelation, and thus, in its broadest sense, as having a connection to cultural property.

This expansive approach to cultural property is new and developing. Following the horrendous destruction and taking of cultural property in World War II, there was a marked increase in efforts to adopt international standards for conduct in war through the Hague Convention and its Protocols--which clearly have been of limited success as evidenced by recent conflicts and cultural conflagrations. Changes in the world after the war also affected cultural property. Increased travel and tourism, and the growing interest in and economic value of art and other forms of cultural expression increased the demands on cultural resources, often to disastrous effect. At the same time, there was the unraveling of colonialism. With once subjugated nations becoming independent there was heightened awareness of the loss of cultural property, and its need for political identity and national recognition The importance of museums and national collections in newly independent states resulted in efforts to regain cultural property and to retain what remained.

Scholarly efforts and literature at the time reflected this increase in interest. John Henry Merryman created the first law school course concerned with the new field and, along with Paul Bator, wrote seminal articles that focused discussion on the issues of trade and retention, which were then the focus of contention between rich acquisitive nations and poor source nations seeking to stem the loss of their patrimony. By the 1990s interest and issues had burgeoned, and Professor Merryman created the International Cultural Property Society to further the reasoned discussion of all issues, aspects and perspectives on cultural property. This remains the purpose of the Society and its Journal.

* Excerpted from Cultural Property and the International Cultural Property Society, by Daniel Shapiro, published in the International Journal of Cultural Property, Volume 12, Number 1, 2005

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