Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Extent of Administrative Protection for Antiquities in the Jordanian Legal System

Author(s): Safaa' Mahmoud Al-Sweilmieen, AbdulRa'ouf Ahmad Al-Kasasbeh

 Antiquities are an important general manifestation of a civilization in that they express its history, evolution and development. Given the great importance of ruins, all legislations, including the Jordanian, provide antiquities with particular protection through established mechanisms. In the current study, we addressed the eAntiquities are an important general manifestation of a civilization in that they express its history, evolution and development. Given the great importance of ruins, all legislations, including the Jordanian, provide antiquities with particular protection through established mechanisms. In the current study, we addressed the extent of the protection provided to ruins by the Jordanian legislator, and the extent of the care given to them. First, we distinguished the concept of antiquities from similar concepts, and determined the legal nature of antiquities more generally; second, we addressed the principles of administrative protection for antiquities, and the mechanisms for such protection during excavations or after the discovery of antiquities.
The study concludes that in Jordan no clear controls exist which determine the liability of those who grant permission for the excavation of antiquities, especially in such cases where these are devastated. There is also no clear control with regard to the management’s authority to permit antiquities to be loaned or presented as gifts. The study recommends that clear controls are established for the protection of antiquities, especially during excavations and any determination of the extent of liability for their damage. We also recommend that more controls are placed on the management’s authority with regard to lending or gifting antiquities.xtent of the protection provided to ruins by the Jordanian legislator, and the extent of the care given to them. First, we distinguished the concept of antiquities from similar concepts, and determined the legal nature of antiquities more generally; second, we addressed the principles of administrative protection for antiquities, and the mechanisms for such protection during excavations or after the discovery of antiquities.
The study concludes that in Jordan no clear controls exist which determine the liability of those who grant permission for the excavation of antiquities, especially in such cases where these are devastated. There is also no clear control with regard to the management’s authority to permit antiquities to be loaned or presented as gifts. The study recommends that clear controls are established for the protection of antiquities, especially during excavations and any determination of the extent of liability for their damage. We also recommend that more controls are placed on the management’s authority with regard to lending or gifting antiquities

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