‘Cultural Heritage Diplomacy as a bridge to Europe.’

Extract from my third essay for the IAL’s Diploma in Art Law course – ‘The case for repatriating the Parthenon Marbles using a trust structure as under international law National Museums have a broad “fiduciary” duty to strive to be better collaborative custodians of world heritage.’ The working draft appears on the ‘Mediation of Art & Music Disputes’ page at www.carlislam.co.uk.

‘At the epicentre of the restitution dialogue is a struggle between two competing theories under International Cultural Heritage Law.
1.  ‘Cultural internationalism’ – ‘[Proponents] view cultural property as a component of common human culture, independent of a nations property rights in, or national jurisdiction over, given cultural object.’ …
2. ‘Cultural nationalism’ – ‘[Proponents] believe that cultural objects belong within the boundaries of the nation of origin and should stay there. If found abroad, they should be repatriated. Their objective is a system of cultural property law that requires the nation in which a cultural object is found to return it to the source nation. … [Proponents view] cultural objects as an integral part of a nations cultural heritage [and] elevate the symbolic nature of these cultural objects have for their respective communities and place them above any international property interests.’ …
‘Market’ and ‘Source’ countries share a common interest in combatting the global illicit trade in antiquities, which is linked to the drugs trade and terrorist financing, see the Report of the Ministerial Advisory Panel On Illicit Trade (December 2000) …
‘Collaborative Cultural Heritage Diplomacy (‘CCHD’) is a diplomatic forum/arena in which the UK working together with the United States and the EU, can provide global leadership. Cultural Heritage Diplomacy is at the heart of EU foreign policy, see: A new strategy to put culture at the heart of EU international relations (
europa.eu).
If Labour form the next government,  then CCHD is a potential tool for building a bridge with Europe linked to international trade.’