The Effectiveness of Administrative Protection of Antiquities in the Jordanian Legal System

Abstract

Antiquities are generally considered one of the most important aspects of civilizations which reflect their history, establishment and development. Considering the great importance of antiquities, all legislations, including the Jordanian ones, granted them a special protection through organizing the mechanism for dealing with and keeping such antiquities safe. This study aims at addressing the effectiveness of protection that the Jordanian legislator granted to antiquities, and its keenness on taking care of them.
This study addresses the concept of antiquities, in terms of their definition and distinguishing them from other similar different concepts, as well as stating the legal nature of antiquities in general. It also addresses the principles underlying the administrative protection of antiquities, besides the manner and mechanisms of such protection, whether during the excavation phase or following the discovery of such antiquities, as well as the shortcomings in some aspects of this protection whether out of lack of precision of legislations governing them or their efficiency. The study came up with several results, the most prominent of which are: the lack of
explicit controls determining the liability of the one who grants the power of excavation, particularly, in the event that such antiquities are destroyed, as well as keeping on granting the management authority to loan or present antiquities as a gift, without placing clear constraints thereon. In light of this, the study also concluded a series of recommendations, the most prominent
among which are: establishing explicit controls to protect antiquities, particularly, during the excavation phase and the extent of liability for their destruction, as well as to place further constraints on the management authority to loan or present such antiquities as a gift.