Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past

In this Article, I will discuss three components. First, I will examine the harms that the looting of archaeological sites imposes on society. Second, I will discuss the responses to the problem, particularly in terms of the law that attempts to regulate this conduct, and some of the characteristics of the current legal regime and of the market in antiquities that prevent the law from achieving its full potential for deterrence. Third, this Article will examine and propose solutions to discourage site looting and encourage preservation of the remains of the past for the benefit of the future

Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past

In this Article, I will discuss three components. First, I will examine the harms that the looting of archaeological sites imposes on society. Second, I will discuss the responses to the problem, particularly in terms of the law that attempts to regulate this conduct, and some of the characteristics of the current legal regime and of the market in antiquities that prevent the law from achieving its full potential for deterrence. Third, this Article will examine and propose solutions to discourage site looting and encourage preservation of the remains of the past for the benefit of the future

The Destruction of Cultural Heritage: A Crime Against Property or a Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016)

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles of proportionality and distinction and a definition of intentionality that includes extreme negligence and willful disregard. As a result, international law may more effectively foster the preservation of cultural heritage for future generations

From Steinhardt to Schultz: The McClain Doctrine and the Protection of Archaeological Sites

Collection of original writings on legal aspects of cultural resources protection from practicing lawyers and judges