Nationalism Versus Internationalism

Abstract

Within the debate of nationalism versus internationalism, this chapter describes the development of international cultural heritage law, analyzes the notions and concepts used in this context, and highlights the existing shortcomings and loopholes in national and international legal frameworks in this field. First, the chapter explores the concept of a World Heritage Trust, and argues that the procedure used to designate World Heritage sites has become a national contest between States to obtain as many designations as possible, rather than the international and non-partisan procedure intended. Second, the chapter addresses the issue of trafficking in movable cultural heritage, by arguing that an exclusive focus on patrimony and national export laws (nationalism) is unidimensional and insufficient to protect movable cultural heritage from trafficking. In contrast, the mutual recognition of export laws through export and import regulations is a much more comprehensive and truly international approach (internationalism). In view of recent developments at the national level in Germany, as well as at EU level, the chapter demonstrates coordination between export and import regulations is necessary to protect cultural heritage against destruction and trafficking.

Law Art

“…11 See, also about the related debate about 'universalistic'vs. 'nationalistic'approaches to cultural heritage, e.g., Merryman (1986); Lewis (2006); Posner (2007); Brodie (2018a); Peters (2020). See also broadly, and for further references about the conflicting interests and positions of source and market countries, Mackenzie/Brodie/Yates/Tsirogiannis (2020).…”

Indeterminacy in the cultural property restitution debate

“…There has already been a significant shift away from such thinking in much of museum practice and cultural heritage studies in general, but in legal debates over the ownership of cultural heritage it still permeates much of the discourse and analysis (see, e.g. Peters 2020).…”