Territoriality and State Succession in Cultural Heritage

2014 ◽  
Vol 21 (4) ◽  
pp. 375-396
Author(s):  
Andrzej Jakubowski
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Cultural Heritage ◽  
Legal Discourse ◽  
Cultural Property ◽  
Nation State ◽  
World War ◽  
Cultural Assets ◽  
State Succession ◽  
Principle Of Territoriality

Abstract: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.

Cultural Genocide and Restitution: The Early Wave of Jewish Cultural Restitution in the Aftermath of World War II

2020 ◽  
Vol 27 (3) ◽  
pp. 349-374
Author(s):  
Leora Bilsky
Keyword(s):  
World War Ii ◽  
Cultural Heritage ◽  
International Law ◽  
Jewish People ◽  
Cultural Property ◽  
Cultural Dimensions ◽  
Cultural Groups ◽  
World War ◽  
Cultural Genocide ◽  
Military Tribunal

AbstractCultural restitution in international law typically aims to restore cultural property to the state of origin. The experience of World War II raised the question of how to adapt this framework to deal with states that persecuted cultural groups within their own borders. Nazi Germany’s persecution of Jews and its attempt to destroy their cultural heritage began before the war and was carried out systematically throughout the war in the conquered territories. After the war, the Polish Jewish lawyer Raphael Lemkin advocated for the recognition of the new crime of genocide and, in particular, its cultural dimensions. Jewish organizations also argued that cultural destruction should be seen as an integral component of the crime of genocide and that the remedy of cultural restitution should be part of the effort to rehabilitate the injured group, but their efforts to gain recognition in the International Military Tribunal in Nuremberg for the unique harm suffered by the Jews were unsuccessful. This article discusses an innovative approach developed by Jewish jurists and scholars in the late 1940s and 1950s, according to which heirless cultural property was returned to Jewish organizations as trustees for the Jewish people. Though largely forgotten in the annals of law, this approach offers a promising model for international law to overcome its statist bias and recognize the critical importance of cultural heritage for the rehabilitation of (non-state) victim groups.

Restitution of Jewish Cultural Property Looted in World War II: To Whom?

1998 ◽  
Vol 11 (2) ◽  
pp. 257-264 ◽  
Author(s):  
Yehuda Z. Blum
Keyword(s):  
World War Ii ◽  
Cultural Heritage ◽  
Jewish People ◽  
Hague Convention ◽  
Cultural Property ◽  
Self Determination ◽  
World War ◽  
The Hague ◽  
The Hague Convention ◽  
State Of Israel

The Hague Convention on Cultural property of 1954 prohibits the transfer by the occupier of cultural property from territory occupied by him. Under the Protocol annexed to the said Convention, the parties to it undertake to return cultural property transferred in contravention of the Convention to their countries of origin. These provisions arc clearly inadequate when dealing with Jewish cultural property looted by Nazi-Germany and its collaborators in the course of World War II. Jewish cultural heritage was usually considered as endangering the cultural heritage of the host nations and, consequently, subject to harassment and destruction. It would therefore seem inequitable to return looted Jewish cultural property (representing the cultural heritage of the Jewish people) to (those countries from which it was looted; the proper recipient of this heritage (also by virtue of the principle of self-determination) is the Jewish people represented by the State of Israel and the major contemporary Jewish communities around the world.

“The heart above the ruins”: Miriam Waddington’s Poetry, the Spanish Civil War, and Jewish Canadian Literature

1969 ◽  
Vol 26 ◽  
Author(s):  
Emily Robins Sharpe
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Civil War ◽  
Spanish Civil War ◽  
World War ◽  
Canadian Literature ◽  
The Earth ◽  
The Holocaust ◽  
The Subject ◽  
War Consequences

The Jewish Canadian writer Miriam Waddington returned repeatedly to the subject of the Spanish Civil War, searching for hope amid the ruins of Spanish democracy. The conflict, a prelude to World War II, inspired an outpouring of literature and volunteerism. My paper argues for Waddington’s unique poetic perspective, in which she represents the Holocaust as the Spanish Civil War’s outgrowth while highlighting the deeply personal repercussions of the war – consequences for women, for the earth, and for community. Waddington’s poetry connects women’s rights to human rights, Canadian peace to European war, and Jewish persecution to Spanish carnage.

Human Rights Naturalized

2018 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Explanatory Power ◽  
Modern Human ◽  
Status Quo ◽  
Economic Conditions ◽  
World War ◽  
Human Rights Movement ◽  
The Status ◽  
Naturalistic Theory

This chapter helps to confirm the explanatory power of the naturalistic theory of moral progress outlined in previous chapters by making two main points. First, it shows that the theory helps to explain how and why the modern human rights movement arose when it did. Second, it shows that the advances in inclusiveness achieved by the modern human rights movement depended upon the fortunate coincidence of a constellation of contingent cultural and economic conditions—and that it is therefore a dangerous mistake to assume that continued progress must occur, or even that the status quo will not substantially deteriorate. This chapter also helps to explain a disturbing period of regression (in terms of the recognition of equal basic status) that occurred between the success of British abolitionism and the founding of the modern human rights movement at the end of World War II.

scholarly journals ‘Little Gunshots, but with the blaze of lightning’: Xavier Herbert, Visuality and Human Rights

2017 ◽  
Vol 23 (2) ◽  
pp. 87-105
Author(s):  
Jane Lydon
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Aboriginal People ◽  
Northern Territory ◽  
Social Changes ◽  
Narrative Strategies ◽  
World War ◽  
Major Work ◽  
The North ◽  
Significant Difference

Xavier Herbert published his bestseller Capricornia in 1938, following two periods spent in the Northern Territory. His next major work, Poor Fellow My Country (1975), was not published until thirty-seven years later, but was also set in the north during the 1930s. One significant difference between the two novels is that by 1975 photo-journalism had become a significant force for influencing public opinion and reforming Aboriginal policy. Herbert’s novel, centring upon Prindy as vulnerable Aboriginal child, marks a sea change in perceptions of Aboriginal people and their place in Australian society, and a radical shift toward use of photography as a means of revealing the violation of human rights after World War II. In this article I review Herbert’s visual narrative strategies in the context of debates about this key historical shift and the growing impact of photography in human rights campaigns. I argue that Poor Fellow My Country should be seen as a textual re-enactment, set in Herbert’s and the nation’s past, yet coloured by more recent social changes that were facilitated and communicated through the camera’s lens. Like all re-enactments, it is written in the past conditional: it asks, what if things had been different? It poses a profound challenge to the state project of scientific modernity that was the Northern Territory over the first decades of the twentieth century.

scholarly journals Human Rights at Stake: Shirley Jackson’s Social and Political Protest in “The Lottery”

2018 ◽  
Vol 7 (6) ◽  
pp. 28
Author(s):  
Zaid Ibrahim Ismael ◽  
Sabah Atallah Khalifa Ali
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Political Protest ◽  
World War ◽  
Her Family ◽  
Political Criticism ◽  
Political Implications ◽  
Social Custom ◽  
American Author ◽  
The One

Nowhere is American author Shirley Jackson’s (1916-1965) social and political criticism is so intense than it is in her seminal fictional masterpiece “The Lottery”. Jackson severely denounces injustice through her emphasis on a bizarre social custom in a small American town, in which the winner of the lottery, untraditionally, receives a fatal prize. The readers are left puzzled at the end of the story as Tessie Hutchinson, the unfortunate female winner, is stoned to death by the members of her community, and even by her family. This study aims at investigating the author’s social and political implications that lie behind the story, taking into account the historical era in which the story was published (the aftermath of the bloody World War II) and the fact that the victim is a woman who is silenced and forced to follow the tradition of the lottery. The paper mainly focuses on the writer’s interest in human rights issues, which can be violated even in civilized communities, like the one depicted in the story. The shocking ending, the researchers conclude, is Jackson’s protest against dehumanization and violence.

scholarly journals Antonio Morassi, Giulio Carlo Argan, Roberto Longhi e la riscoperta del Caravaggio di casa Balbi a Genova (1939-1952)

2020 ◽  
Vol 1 ◽  
pp. 351-369
Author(s):  
Giulio Zavatta
Keyword(s):  
World War Ii ◽  
Cultural Heritage ◽  
Saint Paul ◽  
World War ◽  
Published Report ◽  
The World

Antonio Morassi’s archive and photographic library kept in the Department of Philosophy and Cultural Heritage of Ca’ Foscari University in Venice preserves a series of documents relating to the rediscovery of the Caravaggio of Casa Balbi, which took place during the World War II. Antonio Morassi had a look to the Conversion of Saint Paul in the Genoese palace of Balbi and studied it to publish it. The picture that Morassi sent to the publishers was however showed to Giulio Carlo Argan, who was also writing a monograph about Caravaggio. Argan pledged to acknowledge the discovery to Morassi. But, Argan published report about the painting in an article in 1943. However, Roberto Longhi intervened, denying that it was a Caravaggio pain- ting. Morassi, who discovered this painting, published it on the Emporium magazine only in 1947, after World War II, is therefore not often recognized as the discoverer of this masterpiece.

What Future for Human Rights?

2014 ◽  
Vol 28 (2) ◽  
pp. 213-223 ◽  
Author(s):  
James W. Nickel
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Cold War ◽  
Labor Unions ◽  
Western Europe ◽  
Environmental Movement ◽  
World War ◽  
Early Stages ◽  
Human Rights Movement ◽  
The Cold War

Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.

Rescue or Return: The Fate of the Iraqi Jewish Archive

2013 ◽  
Vol 20 (2) ◽  
pp. 175-200 ◽  
Author(s):  
Bruce P. Montgomery
Keyword(s):  
United States ◽  
World War Ii ◽  
The United States ◽  
Cultural Property ◽  
World War ◽  
Mass Destruction ◽  
Jewish Diaspora ◽  
The World ◽  
The One ◽  
Invasion Of Iraq

AbstractShortly following the 2003 invasion of Iraq, an American mobile exploitation team was diverted from its mission in hunting for weapons for mass destruction to search for an ancient Talmud in the basement of Saddam Hussein's secret police (Mukhabarat) headquarters in Baghdad. Instead of finding the ancient holy book, the soldiers rescued from the basement flooded with several feet of fetid water an invaluable archive of disparate individual and communal documents and books relating to one of the most ancient Jewish communities in the world. The seizure of Jewish cultural materials by the Mukhabarat recalled similar looting by the Nazis during World War II. The materials were spirited out of Iraq to the United States with a vague assurance of their return after being restored. Several years after their arrival in the United States for conservation, the Iraqi Jewish archive has become contested cultural property between Jewish groups and the Iraqi Jewish diaspora on the one hand and Iraqi cultural officials on the other. This article argues that the archive comprises the cultural property and heritage of the Iraqi Jewish diaspora.

Contemporary Issues

2012 ◽  
Author(s):  
John Tolan ◽  
Gilles Veinstein ◽  
Henry Laurens
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
First Century ◽  
Muslim World ◽  
World War ◽  
Independent States ◽  
Twenty First Century ◽  
Newly Independent States

This chapter chronicles the struggles of the Muslim world and Europe during World War II as well as its aftermath. It shows how the war had helped to end European rule and begin the process of decolonization for Muslim nations such as Libya. And with the Muslim state now independent of direct European domination, the second half of the chapter explores the ways in which the Muslim world tackled the issue of development as well as a fresh wave of problems regarding human rights, universality, and other pitfalls of newly independent states struggling to survive in a world that has changed profoundly after a series of major conflicts. The chapter also reflects on the still-intertwined relationships between the Muslim world and Europe as history progresses into the twenty-first century.

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