Military Necessity in International Cultural Heritage Law

Military Necessity in International Cultural Heritage Law
Author: Berenika Drazewska
Publisher: BRILL
Total Pages: 391
Release: 2021-12-13
Genre: Law
ISBN: 9004432566

Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

International Cultural Heritage Law in Armed Conflict

International Cultural Heritage Law in Armed Conflict
Author: Marina Lostal
Publisher: Cambridge University Press
Total Pages: 217
Release: 2017-03-30
Genre: Law
ISBN: 1107169216

Using contemporary case studies, this book offers a novel legal perspective on the protection of cultural heritage during war.

Enforcing International Cultural Heritage Law

Enforcing International Cultural Heritage Law
Author: Francesco Francioni
Publisher:
Total Pages: 280
Release: 2013-06-06
Genre: Law
ISBN: 0199680248

Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.

Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law
Author: Anne Marie Carstens
Publisher: Oxford University Press, USA
Total Pages: 449
Release: 2020-05-20
Genre: Law
ISBN: 0198846290

The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.

Cultural Heritage and International Law

Cultural Heritage and International Law
Author: Evelyne Lagrange
Publisher: Springer
Total Pages: 289
Release: 2018-07-04
Genre: Law
ISBN: 3319787896

This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.

Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law
Author: Anne-Marie Carstens
Publisher: Oxford University Press
Total Pages: 449
Release: 2020-05-15
Genre: Law
ISBN: 0192585266

The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.

The Protection of Cultural Property in Armed Conflict

The Protection of Cultural Property in Armed Conflict
Author: Roger O'Keefe
Publisher: Cambridge University Press
Total Pages: 32
Release: 2006-12-14
Genre: Law
ISBN: 1139460986

Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.

International Cultural Heritage Law in Armed Conflict

International Cultural Heritage Law in Armed Conflict
Author: Marina Lostal Becerril
Publisher:
Total Pages: 270
Release: 2013
Genre: Convention for the Protection of Cultural Property in the Event of Armed Conflict
ISBN:

The field of cultural property protection in armed conflict is composed of many conventions but little law. This is because: (1) there is no single understanding of the concepts of "cultural property" or "protection"; (2) due to the principle of reciprocity, the more international an armed conflict is, the lower the chances that a treaty concerning cultural property will apply; and (3) no convention has yet devised a specific safeguarding regime for "cultural heritage", which refers to the most outstanding class of cultural objects. Legal scholarship often accepts this situation, or suggests adopting a new convention to solve the field's problems. However, attempting to counteract law's failure with more laws is a nonsensical exercise that would, in the long-run, worsen the current situation. This thesis rejects law-making as an alternative and argues in a new direction. It contends that it is already possible to identify a branch of international cultural heritage law (ICHL) underpinned by a set of specific principles and a systemic objective (telos). The cross-fertilisation of such principles and telos with those of IHL provides the rationale underlying the protection of cultural property in armed conflict. The thesis proposes to re-interpret this field in light of such rationale using the World Heritage Convention as its common legal denominator. Pursuant to the postulate of systemic integration and that of effet utile, the interplay between the World Heritage Convention and the 1954 Hague Convention, its 1999 Second Protocol, the 1977 Two Additional Protocols and customary international law is examined. Their interplay vests this field of law with a more consistent understanding of "cultural property" and "protection"; it affords a specific regime of protection to "cultural heritage"; and it ensures that, as a minimum, the obligations of the World Heritage Convention will apply in international armed conflicts.

International Law and the Protection of Cultural Heritage

International Law and the Protection of Cultural Heritage
Author: Craig Forrest
Publisher: Routledge
Total Pages: 482
Release: 2010
Genre: Art
ISBN: 0415467810

Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press
Total Pages: 1024
Release: 2020-07-30
Genre: Law
ISBN: 019260371X

This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.