| ID | 142117 |
| Title Proper | Protecting non-indigenous human remains under cultural heritage law |
| Language | ENG |
| Author | Huang, Jie |
| Summary / Abstract (Note) | This paper explores the protection of non-indigenous human remains under cultural heritage law. By comparing the law for land-based cultural heritage and the law for underwater cultural heritage (UCH), and contrasting the law for dead human bodies and cultural heritage law, it proposes that the law for land-based cultural heritage should draw insights from the law for UCH, which generally distinguishes human remains from other cultural properties and protects the remains regardless whether they are indigenous or not. Before the law for land-based cultural heritage embraces the full protection of human remains regardless of their provenance, the law for dead human bodies may extend protection to ancient corpses that are well preserved, maintain a clear record of life history, are worshiped or protected continuously by later generations, and have become an indispensible part of their spiritual or moral life. These bodies, even if they died hundreds or thousands of years ago, do not lose their human dignity in the eyes of later generations and should be treated as cultural property for personhood. |
| `In' analytical Note | Chinese Journal of International Law Vol. 14, No.4; Dec 2015: p.709-733 |
| Journal Source | Chinese Journal of International Law Vol: 14 No 4 |
| Key Words | Underwater Cultural Heritage ; Non - Indigenous ; Human Remains ; Cultural Heritage Law ; UCH |