This article examines the recently proposed ICOM museum definition and its detractors in order to trace the history of museums and their social purpose as they move from a traditional past into a tumultuous present and uncertain future. As countries begin to reframe the role of arts and culture in shaping a world affected by a global pandemic, museums will need to address not only practical measures – such as social distancing guidelines and limited visitor numbers – but also how these institutions are situated within the greater social context. Technology is particularly useful for museums to share their collections with audiences and transcend geographical boundaries, and it also allows these institutions to reposition themselves as relevant within the ongoing cultural heritage dialogue and context. However, it is debatable whether online and digital offerings classify as museums. Even if there is no consensus on the textbook definition of museum, pinpointing common traits will help establish their evolution and role for current and future generations. Embracing digitization, virtual museums, and other non-traditional frameworks allows for a more expansive and inclusive conception of museums, taking into account their dual role: as custodians of public knowledge and spaces for education and development.
Cultural heritage protection has risen to the forefront of EU politics and policies in recent years, as a response to its intrinsic value and social benefits. Nonetheless, each Member State has its own legal definitions and approaches to cultural heritage protection, corresponding to their respective historical, social, political, and economic contexts. The principle of subsidiarity also entails a substantial amount of delegation, which means that bureaucratic obstacles are added to functional ones (lack of funds, geographical divides, etc.), which can inhibit the free exchange of information and communication. Accordingly, heritage protection is uneven across the EU not only due to varying conceptions of what constitutes heritage, but also as to who is considered an appropriate caretaker or stakeholder, and to what extent they should be involved. The present article provides an overview of the ongoing challenges to cultural heritage preservation and presents recommendations for improvement, from a non-EU citizen's perspective. It focuses on two countries-the UK and Italy-as practical examples, given their * Claudia S. Quiñones Vilá is a licensed attorney in New York and Puerto Rico with experience in civil international law and an interest in the art market, illicit trafficking of cultural objects, sustainable development, urban law, and public policy. She currently works at Amineddoleh & Associates, a leading NYC legal firm dealing in art and cultural heritage disputes for high-profile clients, including the Cultural Ministry of Greece. In 2018, she completed an internship at UNIDROIT in Rome focusing on cultural property, specifically the 1995 UNIDROIT Convention's applicability to private art collections in the US and Latin America. In 2019, she received honours for her master's thesis on cultural heritage legislation and policy in the EU as part of the EUPADRA MA/LLM program hosted by LUISS Guido Carli University (Rome),
The Role of UNIDROIT in Global Efforts to Protect Cultural Heritage Alicja Jagielska-Burduk (AJB), Claudia S. Quiñones Vilá (CQ): As Secretary-General of UNIDROIT, you are constantly in communication and engagement with individuals and organizations with a global reach. What is your perspective regarding the role of cultural heritage as a bridge between societies and its potential to initiate constructive dialogues and policy development? Ignacio Tirado: Cultural heritage is paramount to substantiate solid and sound international relations between States. Cultural heritage is the soul of a country, how it stands in the world, how it has evolved over history. It is what makes each country unique and special, and hence it is the basis for internationalism. We travel abroad and we study the history and traditions of different places precisely because they are different and special: if all countries were equal, why travel? Why take an interest in a neighbour, or in a beautiful far-away land? When UNIDROIT protects and preserves cultural property, it is creating enormous value for the international community. This is why we are so proud of our work in the field. INTERVIEWS* Professor Ignacio Tirado, Secretary-General UNIDROIT. ** Alicja Jagielska-Burduk serves as Editor-in-Chief of the "Santander Art and Culture Law Review" (orcid.org/0000-0001-6696-8004).
This article examines legal provisions and remedies for illicitly trafficked pre-Columbian antiquities, focusing on Mexico and the United States of America (USA), to determine gaps and areas for improvement. These two countries provide an interesting contrast, as they are contiguous neighbours but have different legal systems and approaches to the protection of cultural property. Nonetheless, Mexico and the USA have a history of fruitful cooperation in the recovery and return of pre-Columbian cultural objects under both domestic and international frameworks, such as bilateral agreements and cultural heritage conventions. In particular, as a country that accounts for nearly half of all global art market transactions, the USA is uniquely placed to act as a gatekeeper for pre-Columbian antiquities and serve as an example for the effective protection of foreign cultural property seized within its borders. However, while the examination of Mexico and the USA provides a useful case study, the illicit traffic of these objects should not be viewed in isolation or characterized as solely a regional problem. Globalization and the international nature of the art market require a more expansive view of the subject, while still taking countries’ legal and cultural specificities into account. A balanced and holistic approach will help increase the effectiveness of both national and international remedies; this will improve the legitimate market as a whole and curb illicit trafficking. By tackling the problem at both ends of the supply chain and increasing visibility, the possibilities of success shall rise.
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