Ancient and historical objects and sites are designated “cultural property” because the property model has traditionally controlled their disposition and trade. In recent decades, however, the cultural property protection model has moved away from a property framework and toward a human rights framework. This Article argues that this evolution is particularly visible in international law, where the text and tenor of international agreements indicate there is an emerging right to cultural property born of the human right to culture. The Article then considers the implication of these changes on the sovereignty of nation states.
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Indigenous Peoples Updates, International Law & Trade Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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