Territoriality and State Succession in Cultural Heritage

Bibliographic Data

ID4282811
AuthorsAndrzej Jakubowski (0000-0002-4914-7068, corresponding author)
Year2014
Volume21
Issue4
Pages375-396
Publication date2014-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational Journal of Cultural Property (JOURNAL)
Journal identifiersISSN: 0940-7391 • E-ISSN: 1465-7317
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0940739114000277
OpenAlexW2328352940
LanguageEN
Citations received1
References cited6

The international legal discourse on the topic of state succession in cultural property has long been dominated by the concept of territoriality-the territorial provenance (origin) of cultural assets. This traditional reasoning was essentially rooted in the idea of the European nation-state. In the last 50 years, the principle of territoriality has also become accommodated within the framework of the preservation of cultural heritage. Yet such territorial and protective approaches do not take into account the value of cultural heritage for society, that is, groups and individuals that have created or maintained a given heritage. This article attempts to explore the potential clash between the principles of territoriality and human rights, with respect to state succession in cultural heritage matters. In this context, it deals with some recent ongoing interstate negotiations on the allocation of and access to cultural property with respect to post-World War II developments in state succession among Poland, Germany, and Ukraine

Archaeology · Context (archaeology · Cultural heritage · Cultural heritage management · Cultural property · Ecological succession · Environmental ethics · Geography · Law and economics · Negotiation · Political economy · Political science · Sociology · State (computer science · Territoriality · Archaeological Research and Protection · Cultural Heritage Management and Preservation · Law · Ecology

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