[meteorite-list] Lorton Meteorite (Schmitt is wrong)(NO your wrong)

From: Shawn Alan <photophlow_at_meteoritecentral.com>
Date: Sun, 7 Feb 2010 12:34:10 -0800 (PST)
Message-ID: <280787.46967.qm_at_web113603.mail.gq1.yahoo.com>

Martin/List

Stated by Martin......
"Hello Shawn,
please don't use that article from Schmitt any longer,
because it is incorrect and misleading."

Here is the misleading article link
http://articles.adsabs.harvard.edu/cgi-bin/nph-iarticle_query?bibcode=2002M%26PSB..37....5S&db_key=AST&page_ind=0&plate_select=NO&data_type=GIF&type=SCREEN_GIF&classic=YES

Martin I am glad you think its misleading I guess when you read the article you also read the part where Schmitt wrote about "General Comments on Find Ownership" where he stated...

"The above illustrations indicate the wide range of rules about ownership of meteorite between countries. Each legal system is unique, but in general terms in most places the landownerer of the place of find owns the meteorite."

http://articles.adsabs.harvard.edu/cgi-bin/nph-iarticle_query?bibcode=2002M%26PSB..37....5S&db_key=AST&page_ind=3&plate_select=NO&data_type=GIF&type=SCREEN_GIF&classic=YES

He further goes on and in his conclusion and states..... "Meteorite ownership law varies widely."

http://articles.adsabs.harvard.edu/cgi-bin/nph-iarticle_query?bibcode=2002M%26PSB..37....5S&db_key=AST&page_ind=5&plate_select=NO&data_type=GIF&type=SCREEN_GIF&classic=YES

By the?quotes I can infer that Schmitt has suggested that these "LAWS" vary from country to country and from state to state so people might want to check with their local laws on property rights.

Lastly, Martin you stated "So we should avoid the term "ethics", in the meteorite laws debate."..... O should we? I am confused by your should state. I thought ?this website is set up for discussions on meteorites? I think in the future you might want?to consider your?choice of words directed to the list. The article?by Schmitt, I will continue?to post as a reference?when law topics come up or when you decide to publish an article?in Meteorite & Planetary Science that debunks Schmitts Article.
?
Thank you
Shawn Alan





[meteorite-list] Lorton Meteorite (Schmitt is wrong)
Martin Altmann altmann at meteorite-martin.de
Sun Feb 7 11:12:32 EST 2010

Hello Shawn,

please don't use that article from Schmitt any longer,

because it is incorrect and misleading.




Schmitt writes (with a quotation, where he left out the most important
words), that the UNESCO convention of 1970 would include meteorites.

And inanother place:

"This Convention, ratified
by over 90 states, provides for tracking and retrieving from reciprocating
states, cultural property including meteorites."

That is wrong. Full stop.

The point about Switzerland is wrong too.


Huh, would have to rummage my old emails,
I once occupied myself with that Schmitt-topic...

A here it is one o them (see below)...

(Perhaps I should add, that also technically the UNESCO convention can't
protect anything, because - as given in the text of the convention - it has
to be ratified by each nation first, and each nation individually has to
create an individual list of items of their national heritage.
Only if that has happened and if meteorites are found in the individual
national heritage lists (like e.g. in Australia) the convention is
effective).

And anyway, other meteorite laws...
In most constitutional countries personal property belongs to the strongest
personal rights and is especially protected.
In such countries od rule of law, disappropriation (with ot without
compensation) by a state or to limit the use of a property (like e.g. to
forbid to sell to other countries) is grave intervention of the individual
personal rights, which, if done, requires a especially strong resons,
usually the pubic weal or interest.
You know, cases of land dissapropriation for building a highway ect.

In most of these constitutional nations, legislation and judicature are
separated. So not the law is decisive - a judge or a court have to decide.

Furthermore such constitutional countries do have a interdiction of
arbitrary laws, laws made for only a single case are not effective.
Such laws can exist, but a court has to decide and it is also possible to
proof them by a court, whether they are constitutional or not.

So. If e.g. a country like Switzerland or Denmark, where only every 30 or 80
years a meteorite falls, would have a special meteorite law (which they
don't have),
it would be highly doubtful, whether that law would be valuable.

And if a country has a law, which allows a disappropriation by or a right of
preemption by (like Switzerland has) or a compulsory sale of a meteorite to
the state, because it is an object of high public or scientific importance
or interest,
this interest has to be justified and proven.

Switzerland e.g. would have most probably difficulties to do that.
If one sees, that the state wasn't willing to preserve the historical
Bally-meteorite-collection, the most important meteorite collection of
Switzerland and that no single public institute took advantage from the
preemption to buy it, when it was liquidated a few years ago,
or if one keeps in mind, that no official efforts to find the meteorite of
the Lake Constance fireball were undertaken (e.g. in Romania the state was
hunting for the last fireballs)
and if one sees, that Switzerland made no use of that very law with the
large rock crystal, found in Switzerland by commercial rock hunters, but
will buy it from them for several millions,
than a Suisse court most probably would state, that a meteorite isn't of the
necessary importance, the law requires.

Or in other words, a confused meteoricist can have as many laws for
meteorites as he wants,
whether these laws are valid at all or in the very individual case
- in most constitutional countries will have to decide a judge.

I'm convinced, that in some countries, the meteorite laws are in that
respect somewhat problematic, to express it politely.

Problem is, that most of these people who are producing meteorites in
finding them, are to civilized to waste their time with such rubbish,
to fight in court for stones,
and so theses laws never were proven, whether they are valid or
constitutional at all.

Anyway, as doubtful some meteorite laws, I think meanwhile most see,
that meteorite laws in general have a very negative effect.

In Australia e.g.the strain to science is so high,
that first voices appear, to revise the laws, that finally again meteorites
will be found there again.
Here a suggestion to revise the laws from Pickard of the Bathurst
observatory.
http://www.arts.gov.au/__data/assets/pdf_file/0008/88073/bathurst-observator
y.pdf


Perhaps, in the end, in my eyes that laws debate isn't a discussion about
ethics, as it sometimes is imposed.
Yesterday I googled for the Chinese law for protection of cultural relics,
whether meteorites could be afflicted too. (You know, China asks everywhere
its fossils back).
There I stumbled by chance over a Presidental Decree from the Philippines
of 1974 (!) - who would ever known, that since 36 years meteorites,
tektites, the rizalites, Anda-tektites from the Philippines are cultural
property...

A decree from the dictator Marcos.
I highly doubt, that this person can be regarded as an ethical instance.
And that unethical laws can exist, that we do know especially in Germany,
if we think back to the Nazi-laws of disappropriation.

So we should avoid the term "ethics", in the meteorite laws debate.


Best!
Martin



.....
Good evening again,

at the moment I feel a little bit taken for a fool.
May you help me?

We read and hear often in such discussions, that some nations tell that
meteorites fall under the UNESCO Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property, as reasons for respective laws.

Like e.g. McEwens, Schmitt & Barristers herald with a chest note of firm
conviction as a fact in their paper of 2001 about meteorite laws:
"This Convention, ratified
by over 90 states, provides for tracking and retrieving from reciprocating
states, cultural property including meteorites."
http://www.lpi.usra.edu/meetings/metsoc2001/pdf/5150.pdf

Well, therefore I read now the convention (in German and in English).

"including meteorites" is untrue.

Meteorites are NOT mentioned in the convention, with no single word at all.

And here is the wording of the definition of such "cultural property",
synonym with "cultural heritage" later in the text of the convention.
Quote:

"Article 1

For the purposes of this Convention, the term `cultural property' means
property which, on religious or secular grounds, is specifically designated
by each State as being of importance for archaeology, prehistory, history,
literature, art or science..."

Followed by a catalogue of items of such cultural property.
A catalogue is a list. The intention to list all items as completely as
possible is perceptible in the sometimes detailed way of description.

Quote continued:
"... and which belongs to the following categories:

(a) Rare collections and specimens of fauna, flora, minerals and anatomy,
and objects of palaeontological interest;

(b) property relating to history, including the history of science and
technology and military and social history, to the life of national leaders,
thinkers, scientists and artist and to events of national importance;

(c) products of archaeological excavations (including regular and
clandestine) or of archaeological discoveries ;

(d) elements of artistic or historical monuments or archaeological sites
which have been dismembered;

(e) antiquities more than one hundred years old, such as inscriptions, coins
and engraved seals;

(f) objects of ethnological interest;

(g) property of artistic interest, such as:

(i) pictures, paintings and drawings produced entirely by hand on any
support and in any material (excluding industrial designs and manu-factured
articles decorated by hand);

(ii) original works of statuary art and sculpture in any material;

(iii) original engravings, prints and lithographs ;

(iv) original artistic assemblages and montages in any material;

(h) rare manuscripts and incunabula, old books, documents and publications
of special interest (historical, artistic, scientific, literary, etc.)
singly or in collections ;

(i) postage, revenue and similar stamps, singly or in collections;

(j) archives, including sound, photographic and cinematographic archives;

(k) articles of furniture more than one hundred years old and old musical
instruments."

Where are the meteorites?

Central point of the convention is the "cultural heritage".
See also:

"Article 4

The States Parties to this Convention recognize that for the purpose of the
Convention property which belongs to the following categories forms part of
the cultural heritage of each State:

(a) Cultural property created by the individual or collective genius of
nationals of the State concerned, and cultural property of importance to the
State concerned created within the territory of that State by foreign
nationals or stateless persons resident within such territory;

(b) cultural property found within the national territory;

(c) cultural property acquired by archaeological, ethnological or natural
science missions, with the consent of the competent authorities of the
country of origin of such property;

(d) cultural property which has been the subject of a freely agreed
exchange;

(e) cultural property received as a gift or purchased legally with the
consent of the competent authorities of the country of origin of such
property."

Please can someone help me, what the exact semantics and meaning of the
English word "heritage" is?

The German version of the convention has the word "Erbe" for "heritage".
"Erbe" means the object, that is given from an antecessor to his progeny, it
is something inherited, it originated in past, the factor of time is in that
word. Heritage is something long-standing, traditional, passed-down, heirs
inherit a heritage.

And here we are? The only word in the convention, which could be so
overstretched, that one could tear it over meteorites is

"(a) Rare collections and specimens of fauna, flora, MINERALS and anatomy,
and objects of palaeontological interest"

That sentence, especially if you read the other points (b) to (e) is there
to avoid, that parts of museum collections will be trafficked.

Well, is there anybody out,
who can enlighten me, how a new fall of a meteorite - hence an object, that
since beginnings of the solar system had no contact with humans or Earth at
all, can be a priori part of the cultural heritage of a country??

Where are the cultural properties of a stone, which is lying unnoticed by
mankind, animals, dinosaurs in the wasteland and which hadn't formed the
landscape?
Why the Antarctic finds then aren't protected as cultural heritage?
How a stone, where nobody knows, whether it is a meteorite or terrestrial,
can be exported illegally, if only later in a lab it is positively tested
and recognized as meteorite?

Did someone write a poem about Hughes 057?
Do we have any nomad songs about NWA 2487?
When Tagish Lake felt, were there a sect crawling out the bushes: The
prophecy is fulfilled?

When happened the fall of Carancas? 100 years ago?
If a nomad pics up a black stone, is this than a cultural act?
Stays the stone cultural property, if it was no meteorite but a sandstone?

Please Jerry, don't paint any meteorite falls anymore, the stones will be
immediately cultural heritage.

Here is the full text of the convention:
http://portal.unesco.org/en/ev.php-URL_ID=13039&URL_DO=DO_TOPIC&URL_SECTION=
201.html


I personally see another interesting point. The convention was passed in
1970.

The earliest article, bemoaning that there are meteorites dealt and where a
prohibitive legislation was demanded, I could found in internet, stem from
1991.
Maybe someone could find some earlier ones?
Else one is tempted to get an impression, that in the early 90ies scientist
found out, ooops, there are private individuals finding a lot of new
meteorites, let's get them all! And others will tell: Sounds like trivial
greed.

I for my part think, that the effort to try refer to the convention, is
ridiculous.
It never was made, nor meant for meteorites.
The only straws to clutch at, is the single word "minerals", torn out of the
context.
With that construction, the export of coal, oil and cement would fall under
the Convention of Cultural Property too.

(Note the title, it says "Ownership"...see my last post).

To pretend, that meteorites would be covered by the convention, is
absolutely inappropriate.
Therefore the respective countries should make a national lex meteoritica
each or they should let it be.


-----Urspr?ngliche Nachricht-----
Von: meteorite-list-bounces at meteoritecentral.com
[mailto:meteorite-list-bounces at meteoritecentral.com] Im Auftrag von Shawn
Alan
Gesendet: Sonntag, 7. Februar 2010 02:27
An: meteorite-list at meteoritecentral.com; astroroks at hotmail.com
Betreff: [meteorite-list] Lorton Meteorite

Dennis/List

Click on the link below and this might help with laws on ownership of
meteorites.

Shawn Alan


http://articles.adsabs.harvard.edu/cgi-bin/nph-iarticle_query?bibcode=2002M%
26PSB..37....5S&db_key=AST&page_ind=0&plate_select=NO&data_type=GIF&type=SCR
EEN_GIF&classic=YES






[meteorite-list] Lorton Meteorite
Dennis Miller astroroks at hotmail.com
Sat Feb 6 19:53:51 EST 2010

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I am an uninformed reader but, where can I find these
"Meteorite Laws"? I usually only carry a copy of the
Federal Regulations Title 43 Part 8360, that allows me
to remove mineral specimens from public lands, should
I run into an agent who is not familiar with the law.
But, I am not familiar with "Meteorite Laws". I know
that Michelle Knapps had no trouble claiming and selling
the Peekskill meteorite.
Just need to know where to find these said new laws..
Thanks! Miss seeing everyone in Tucson. Had to have
a Knee tune up after tromping around Egypt.
Dennis
----------------------------------------


> From: prairiecactus at rtcol.com



> To: meteorite-list at meteoritecentral.com



> Date: Fri, 5 Feb 2010 21:39:46 -0500



> Subject: [meteorite-list] Lorton Meteorite



>



> Hiya Carl, gun lovers and haters:



>



> I was merely stating the law as it now stands. If a meteorite falls on

your


> property, you own it. An open and shut case. If the Smithsonian wants to



> appeal to the Supreme Court, the Court could possibly rule that current



> meteorite laws are unconstitutional. It's extremely unlikely they would

hear


> the case. It's highly unlikely even a Circuit judge would strike down



> current meteorite laws as unconstitutional. Or any judge for that matter.



> The Smithsonian has the lawyers and the funding of the federal gov't

backing


> them, they could try to argue the laws are unconstitutional, highly

unlikely


> as there is practically no chance they would win.



>



> What they could do is go straight to the President and get either a



> presidential decree or have the Justice Dep't write some memos like they



> did legalizing torture. Again not a chance.



>



> More likely they could get a Congressman to introduce a bill changing the



> meteorite laws, but it would never make it out of the first round of



> sub-committes.



>



> Possession might be nine tenths of the law, but I'll be dollars to donuts



> the Smithsonian gives it back.



>



>



> Phil Whitmer



>



> ______________________________________________



> Visit the Archives at

http://www.meteoritecentral.com/mailing-list-archives.html


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Received on Sun 07 Feb 2010 03:34:10 PM PST


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