Historical development of the Mexican archaeological law

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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

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EP ID EP434910
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