Non-State Actors in the Protection of Cultural Heritage

Non-State Actors in the Protection of Cultural Heritage
Author: Jihon Kim
Publisher: Springer Nature
Total Pages: 203
Release: 2021-12-02
Genre: Social Science
ISBN: 9811666598

This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.

Armed Non-State Actors and Cultural Heritage in Armed Conflict

Armed Non-State Actors and Cultural Heritage in Armed Conflict
Author: Marina Lostal
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based non-governmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies--Syria, Iraq, and Mali--on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts.

Non-State Actors and International Obligations

Non-State Actors and International Obligations
Author: James Summers
Publisher: BRILL
Total Pages: 523
Release: 2018-10-02
Genre: Law
ISBN: 9004340254

Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

Frontiers of Cultural Heritage Law

Frontiers of Cultural Heritage Law
Author: James A.R. Nafziger
Publisher: BRILL
Total Pages: 416
Release: 2021-10-18
Genre: Law
ISBN: 900434764X

** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests. This book was awarded the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on a Practical or Technical Subject, in 2022.

Cultural Heritage in Modern Conflict

Cultural Heritage in Modern Conflict
Author: Timothy Clack
Publisher: Taylor & Francis
Total Pages: 282
Release: 2022-09-09
Genre: History
ISBN: 100068394X

This edited volume offers an in-depth study of heritage and warfare from the perspective of defence studies. The book focuses on how, in different contexts, heritage can be a catalyst and target of conflict, an obstacle to stabilisation, and a driver of peace-building. It documents the changing role of heritage – in terms of both exploitation and protection – in various military capabilities, theatres, and operations. With particular concern for the areas of subthreshold and hybrid warfare, stabilisation, cultural relationships, human security, and disaster response, the volume reviews the historical relationship between heritage and armed conflict, including the roles of embedded archaeologists, safeguarding of ethics, and dislodgement and destruction of material culture. Various chapters in the book also demonstrate the value of understanding how state and non-state actors exploit cultural heritage across different defence postures and within both subthreshold and proxy warfare in order to achieve military, political, economic, and diplomatic advantages. This book will be of interest to students of defence studies, heritage studies, anthropology and security studies in general, as well as military practitioners.

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.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press, USA
Total Pages: 1088
Release: 2020
Genre: Cultural property
ISBN: 9780191892295

This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press, USA
Total Pages: 1089
Release: 2020-05-13
Genre: Law
ISBN: 0198859872

This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional and bilateral initiatives, including legal measures. Accordingly, the handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The book concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law, and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs