Open AccessThe protection of cultural heritage: common heritage of humankind, national cultural ‘patrimony’ or private property?
Author(s) -
Fiona Macmillan
Publication year - 2020
Publication title -
northern ireland legal quarterly
Language(s) - English
Resource type - Journals
eISSN - 2514-4936
pISSN - 0029-3105
DOI - 10.53386/nilq.v64i3.355
Subject(s) - cultural heritage , appropriation , cultural heritage management , misappropriation , context (archaeology) , cultural property , indigenous , political science , law , intellectual property , politics , sociology , cultural rights , private property , values , environmental ethics , industrial heritage , law and economics , human rights , fundamental rights , history , archaeology , epistemology , ecology , philosophy , biology
Starting from an argument about the relationship between cultural heritage and national and/or community identity, this article considers the different ways in which both the international law regime for the protection of cultural heritage and the international intellectual property regime tend to appropriate cultural heritage. The article argues that, in the postcolonial context, both these forms of appropriation continue to interfere with the demands for justice and for the recognition of historical wrongs made both by indigenous peoples and by many developing countries. At the same time, the article suggests that these claims are undermined by the misappropriation of the postcolonial discourse with respect to restitution of cultural heritage, particularly in the intra-European context. The article advocates the need for a regime for the protection of cultural heritage that is strong enough to resist its private appropriation through the use of intellectual property rights and nuanced enough to recognise significant differences in the political context of local and national claims to cultural heritage.