Archaeological legislation (original) (raw)
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Legislation in Archaeology: Overview and Introduction
Encyclopedia of Global Archaeology, 2014
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Archaeology and Heritage Legislation: A Comparative Study
Research on humanities and social sciences, 2014
One of the most important and pressing issues in Heritage Management in the World has been the effective protection and preservation of the Archaeological Heritage by the use of Heritage legislation. Over many years, copious legislations have been promulgated for the protection of cultural properties but these are not effective for protecting antiquity. In some countries thefts and illegal exportation of antiquities have been a reoccurring problem. What is the cause of this futility in heritage management? Is it a matter of the types of legislation promulgated from country to country? Why do some countries succeed in protecting their heritage while others seem to fail? This study will examine some aspects of the various laws and legislation, especially the very early ones that were enacted in seven countries namely Australia, Czechoslovakia, Denmark, New Zealand, Nigeria, Poland and Sweden. The essay will also focused on various ways in which Archaeology has been made popular throug...
This paper reviews the development of archaeological legislation in Botswana, with specifi c interest in how integration of archaeological issues in other pieces of legislation has facilitated the growth of archaeological legislation. With its fi rst statute, in the form of a proclamation, towards protection of archaeological resources in 1911, Botswana continued to revise its archaeological legislation until 2001. This paper argues that the review of a piece of legislation from time to time (growth through time), is indicative of advancement in the operations of any fi eld. The growth through time allows for refi ning defi nitions, broadening the scope of the discipline or profession, and embracing other emerging issues worthy of consideration. It is also in most cases a necessary endeavor in response to satisfying basic requirements of the rule of law. This includes the need for clarity, precision, and transparency among other things. This paper further purports that while this growth through time is fundamental to any legislation, it is also imperative that legislation grows through integration into other pieces of legislation. This facilitates integration of the discipline/fi eld and the profession into other legal and policy apparatus. The integration does not only provide context within which archaeological resources can be protected, but also ensures sustainability as implementation of other pieces of legislation may directly or indirectly nurture the archaeological agenda.
2002
Local authorities are identified as playing a significant role in historic heritage management at the local level. The aim of this thesis was to determine whether local authorities are in a position to be given greater responsibility for historic heritage and particularly archaeological resource management. This thesis presents a discussion of the historical development of legislative provisions for the management and protection of historic heritage. Archaeological information is considered imperative for appropriate local authority management of archaeological resources, this thesis assesses the current state of archaeological information available to local authorities. In order to determine the role local authorities currently play, a questionnaire survey was designed to procure an understanding of what planners perceived their councils responsibility was and how they were actively managing historic heritage. To acquire an appreciation of the actual practice of historic heritage m...
Excavating Archaeology On Regulating Heritage, ‘Black’ and ‘White’ Archaeology
The world is in a state of flux, where that that seems to speak for itself is no longer so: all is up for grabs; everything demands reconsideration. Old certainties have lost their validity and we have to get to grips with new uncertainties. This state of anxiety also relates to how we trust institutions such as the state. We turn to the state for guidance and demand from it to take action to preserve a sense of security. Criminal law, or penal law, is an instrument to which one easily turns to ‘achieve’ this sense of security. Indeed, criminal law is used as an instrument to effect change and manipulate behaviour repressively (rather than using it as a measure of last resort). The measures pertaining to fighting terrorist threat is illustrative but also other measures such as camera surveillance, area restrictions, stop-and-search actions in centres of leisure, etc. are illustrations of the instrumental repressive use of criminal law. But does it work? What do we gain? What do we lose? Considering the protection of archaeological heritage and its exploration I sense a similar demand: regulation through a variety of legal instruments to preserve the heritage as well as to preserve, or so it seems, the monopoly upon heritage preservation. So the solution is easy: repressive action through criminalisation, effected by a proper organisational back-up of inspectors, police and administration. It will be sold well, politically, considering the goal: preservation of the physical past combined with the need to re-establish national identities throughout Europe. In this lecture, I seek to ask some fundamental questions, about law and, as far as my knowledge goes, about archaeology. Taking the Valetta convention as a guiding line (as well as Dutch legal measures), I wish to explore: 1. The worth and function of preserving archaeological objects and the political, scientific, cultural and social significance of these objects; 2. The role of the state and the professional body of archaeologist in respect of the political, scientific, cultural and social significance; 3. Legal instruments to regulate archaeology, physical heritage and excavation, with a special emphasis on the role of criminal law; and 4. Alternative ways of thinking that could be explored to redefine the first aspect and to develop alternative instruments of regulation and control.
Vesnik of Yanka Kupala State University of Grodno. Series 4. Jurisprudence. 2017 №2.P.98-107.pdf, 2017
The analysis of legislation on protection of archaeological heritage of the Commonwealth of Independent States (CIS) from 1992 to 2017 is put in the basis of the offered article. The author studied the legislation directly in these countries, having visited each of them with a view of detection of features of legal regulation of archaeological heritage. In the introduction the analysis of international agreements is concluded within the framework of UNESCO and the CIS for the protection of cultural property. The main part outlines the contents of the legislative acts adopted in 11 states of the CIS. It is noted that the archaeological heritage in comparison with other categories of objects of historical and cultural heritage has a lower degree of protection from the effects of natural (natural and temporal factors) and anthropogenic (urban development, earthworks) character. Therefore the international experience can be very valuable. The statistical data characterizing the state and the number registered in the state register of monuments of archaeology are analyzed. In the conclusion it is proved the necessity of introduction in educational institutions the new legal discipline of legal protection of historical and cultural heritage. The article is recommended to specialists in the field of protection of historical and cultural heritage. The conclusions and recommendations can be used to improve legislation of the R epublic of Belarus. Keywords: archaeological heritage, cultural values, national legislation, international law, model law.