Trafficking of Cultural Object for Nationalism - myassignmenthelp

Question: Discuss about theTrafficking of Cultural Object for Nations and Nationalism. Answer: There are certain objects that reflect the advancement and identity of a particular nation and the world can depict priceless information from such objects. Such kinds of objects are known as cultural objects (Brodie 2017). The cultural properties are heritage in nature and they are required to be protected for the preservation of our history. However, in recent times, a spree to traffic these objects has been increased for financial gain and in certain times, those monies are gained to support certain terrorist groups. There are several criminal acts included under the trafficking of cultural objects and the consequences of the same are detrimental in nature (Peters 2015). The cultural objects help people to know about their past and therefore are of actual importance. Such kind of activities involves legal and ethical consideration. According to James Nafziger (2008), there are two legal framework acts for the preservation of cultural objects: the first deals with the scope and con sequence of destruction that has been done at the time of war and the second deals with the capabilities of states to use international cooperation to curb this illicit trafficking of objects. According to various archaeologists, trafficking of cultural items is quite ancient practice. The main thing is to identify the sources from where the objects are acquired by the pirates. Many scholars have raised their voice against such immoral practice. A voice to protect and preserve the cultural objects had roused for the year 1553 by Jakub Przyluski. Further, Hugo Grotius had prescribed certain punishments for the pirates who are engaged in such immoral trafficking. There are numerous attempts have been made to curb this phenomenon. The amount of theft in archaeological sites has become a new issue in modern times and proper maintenance need to be taken in such cases. The UNESCO in such circumstances along with certain national and international legislations has implemented certain conve ntions (Schneider 2017). The most significant universal interference in the case of stopped the cultural invasion has been taken place in the year 1970 and 1995. The main objective of the 1970 convention was to inject solidarity among the traders so that they could not engage in buying or selling the antiques, fossils or valuable arts. Much protection has been taken for the security of museums. It has been proclaimed in this convention that international law should retain sovereignty among the states so that they can enforce public laws for the protection of the cultural heritages (Losson 2017). However, criticism has been made against the normative definition of cultural heritage by the 1970 convention. John Henry Merryman has called the definition as a blank cheque. However, it has been observed that the 1970 convention has not achieved its goal and therefore, another convention has been organised in 1995. The main purpose of this convention was to establish two separate norms for securing the cultural objects. First the objects need to be returned to the proper place if tracked and the second is to treat the trading of cultural objects as illegal (Song 2015). According to Article 5(1) of the convention, trading in cultural objects are against the provision of public law and the lawful owner of the cultural object can claim for restitution if the object has been stolen from him and trafficked to other place. Further, there are certain rules for the Archaeological excavations that are required to be maintained in case of every quarry. In case any antiques have been excavated and discovered, the expert is required to be informed the government about the fact and he will be punished for theft in case of failure. However, international legislations are not enough for curbing this crime and states have to take active participation in such situation. Lorenzo Casini (2011) has stated in his Italian Hour has stated that all the ancient universal laws have failed to provide proper protection to the cultural heritages. According to Alessandro Chechi (2014), cultural heritages are quite important in nature and they should be secured for depicting the history in a concise way. Certain ethical consideration is also attached with the illegal trafficking of cultural objects. The provision of due diligence is inserted under the trafficking of cultural object. The term due diligence includes five particulars such as the object should be examined; the place of the object should be addressed; expert advice is required in certain circumstances; the nature and character of the exporting goods must be analyzed and the account of the original owner is required to be evaluated. Reference: Brodie, N., 2017. The role of conservators in facilitating the theft and trafficking of cultural objects: the case of a seized Libyan statue.Libyan Studies,48, pp.117-123. Casini, L., 2018. International regulation of historic buildings and nationalism: the role of UNESCO.Nations and Nationalism,24(1), pp.131-147. Losson, P., 2017. Does the International Trafficking of Cultural Heritage Really Fuel Military Conflicts?.Studies in Conflict Terrorism,40(6), pp.484-495. Peters, R., 2015. The Protection of Cultural Property in EU Law: Status Quo and Future Perspectives.Countering Illicit Traffic in Cultural Goods, p.141. Schneider, M., 2017. The 1995 UNIDROIT Convention: An Indispensable Complement to the 1970 UNESCO Convention and an Inspiration for the 2014/60/EU Directive.Santander Art and Culture Law Review,2016(2/2016 (2)), pp.149-164. Song, H.Y., 2015. International Legal Instruments and New Judicial Principles for Restitution of Illegally Exported Cultural Properties.Penn St. JL Int'l Aff.,4, p.718.