The Ownership of Cultural Resources in the Marshall Islands: An Essay in Pertinent Jurisprudence and Legal History
Spennemann D. 1990. The Ownership of Cultural Resources in the Marshall Islands: An Essay in Pertinent Jurisprudence and Legal History. Republic of the Marshall Islands Historic Preservation Office
From the Preface: "World-wide, the ownership of cultural resources is a disputed topic. That discussion, however, mainly revolves around the question of a potential repatriation of cultural property, which, in the past, had been taken out of one country by another country. Settlement is a matter of international bilateral relations, commonly between countries of the third world asking for the return of items of their heritage, and countries of the first world, having the items in their possession. However, in some circumstances there is still a need for a state or sovereign to assert ownership in the archaeological and cultural resources of its own heritage within its own jurisdiction. In the absence of specific legislation for the protection of its cultural and historical heritage this is the case in the Republic of the Marshall Islands. In the absence of pertinent and comprehensive legislation controlling the ownership and disposal of archaeological and cultural material, the common law and all other pertinent public laws need to be drawn upon. The present paper deals with the present legal situation in the Marshall Islands, reviews the ownership of various categories of cultural resources, and points out the available options. The paper forms part of the preparations for a cultural resource management study on the cultural resources of Majuro Atoll, which is currently being drafted by the author. As will become clear in this paper, especially the historical resources located in the Republic of the Marshall Islands have a multitude of different owners, some of them foreign sovereigns, effectively preventing a simple approach to the matter. Based on the findings of this study, there may be a need for a legislative solution governing the ownership of the resources..." Project funding was provided by a Historic Preservation Fund grant to the Republic of the Marshall Islands Historic Preservation Office, administered by the Interior Regions 8, 9, 10, and 12, National Park Service, U.S. Department of Interior.
- Type
- Published Report
- Authors
- Spennemann, Dirk
- Date of Issue
- 1990-05
- Publisher
- Republic of the Marshall Islands Historic Preservation Office
- Units
- HPF