Historical development of the Mexican archaeological law
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
This article is devoted to Mexican legislative history research in the area of archaeologi- cal heritage protection. Chronological framework of this study includes times of the pre- Hispanic civilization on the Mexican territory, the Spanish conquest and spreading of a new culture in the colonial period, the struggle for independence of the Mexican Republic and establishment of the Mexican national state nowadays. All of these times are very tightly coup- led to the matter of the archaeological heritage protection. We have to search the origins of the Mexican archaeological law in the Spanish legislation of the XVI century concerning American treasures. On the basis of these rules with recognition of the role of the Spanish King as the only competent owner of all treasures the modern Mexican legal conception of the State archaeological property is founded. Acquisition of the independence in the framework of this conception means transmission of the owner’s wrights from the Spanish Kings to the Mexican National Government but with conservation of the legal nature of archaeological objects. Thereby the history in itself established the Mexican modern centralist model of heri- tage management. Despite the fact that Mexico currently is a federal nation, federal govern- ment consistently reserve for oneself exclusive authority at the area of archaeological heritage protection. Mexican legislation also reflects specific comprehension of the archaeological science simply as the Mexican pre-Hispanic history. Therefore the legal definition of archaeological monuments simply refers to all pre-Hispanic monuments. There are many parallels between Mexican and Ukrainian archaeological law. Ukraine as well as Mexico judicially inherited its archaeological property from another state (Soviet Union). That is why Ukrainian government has to pay close attention to the advisability of renouncing its archaeological authority despite the process of decentralization.
Authors and Affiliations
Oleksandr Malyshev
Keywords
Related Articles
- EP ID EP434910
- DOI -
- Views 118
- Downloads 0
The quality of the law: the analysis of doctrinal approaches
Realization of social reforms is directly related to the systematic, efficient and effective functioning of the current legislation. Particularly important in this connection are problems of the quality of the law, that...
To the question of natural rights and acquired rights: the problem of pri- ority and values
The article provides a theoretical rationale for the distinction between the natural, inalien- able human rights and those rights that are acquired and sometimes called “new rights” of man. Revealed negative trends of co...
EU standards and the legislation of Ukraine in the field of employment: problems of adaptation
The article is devoted to the study of national legislation in the sphere of employment and its compliance with European legal standards. It is noted that the harmonization of national labour legislation with EU regulati...
New Statute of the National Academy of Sciences of Ukraine
New Statute of the National Academy of Sciences of Ukraine
The problems of legislative definition of separate concepts in the context of the constitutional right to information
The articles aim is a critical analysis of certain concepts, law definitions in the sphere of constitutional right to information and institute of access to public information, disclosure of the shortcomings of existing...