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.

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.

Safeguarding Cultural Property and the 1954 Hague Convention

Safeguarding Cultural Property and the 1954 Hague Convention
Author: Emma Cunliffe
Publisher: Boydell & Brewer
Total Pages: 311
Release: 2022
Genre: Convention for the Protection of Cultural Property in the Event of Armed Conflict
ISBN: 1783276665

Significant attention today focusses on heritage destruction, but the key international laws prohibiting it - the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its First and Second Protocols (1954/1999) - lay out two core strands to limit the damage: the measures of respect for armed forces, and the safeguarding measures states parties should put in place in peacetime. This volume incorporates wide-ranging international perspectives from those in the academy, together with practitioner insights from the armed forces and heritage professionals, to explore the safeguarding regime. Its contributors consider such questions as whether state parties have truly taken "all possible steps", as the Convention tasks them; what we can learn from past practice, and how the Convention is implemented today; the implications of new trends in heritage law and management - such as the rise of the World Heritage Convention, and in the increasing focus on safe havens rather than refuges; whether new methods of heritage management such as Risk Assessment theory can be applied; and, in a Convention specifically focussed on state parties, what of their opponents, armed non-state actors. Using a mix of case studies and theoretical explorations of new and existing methodologies, the contributions cover a broad timespan from World War II to today, with examples from Europe, the Middle East, and Africa. Overall, the volume's purpose is to promote wider understanding of the practical effectiveness of the Convention in the contemporary world, by investigating the perceived opportunities and constraints the Convention offers today to protect cultural property in armed conflict, and firmly establishing that such protection must begin in peace.

Cultural Heritage Under Siege

Cultural Heritage Under Siege
Author: James Cuno
Publisher: Getty Publications
Total Pages: 135
Release: 2020-09-08
Genre: Political Science
ISBN: 160606682X

The fourth volume of the J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy series is the result of a multi-day discussion on the issue of cultural heritage under siege. It features an edited collection of papers and discussions by nineteen scholars and practitioners of different specialties in the field of cultural heritage. This paper, along with the other Occasional Papers, is free and downloadable online.

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: 1086
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.

Relevance and Application of Heritage in Contemporary Society

Relevance and Application of Heritage in Contemporary Society
Author: Pei-Lin Yu
Publisher: Routledge
Total Pages: 202
Release: 2018-07-06
Genre: Social Science
ISBN: 1351332961

In the contemporary world, unprecedented global events are challenging our ability to protect and enhance cultural heritage for future generations. Relevance and Application of Heritage in Contemporary Society examines innovative and flexible approaches to cultural heritage protection. Bringing together cultural heritage scholars and activists from across the world, the volume showcases a spectrum of exciting new approaches to heritage protection, community involvement, and strategic utilization of expertise. The contributions deal with a range of highly topical issues, including armed conflict and non-state actors, as well as broad questions of public heritage, museum roles in society, heritage tourism, disputed ownership, and indigenous and local approaches. In so doing, the volume builds upon, and introduces readers to, a new cultural heritage declaration codified during a 2016 workshop at the Royal Ontario Museum, Canada. Offering a clarion call for an enduring spirit of innovation, collaboration, education, and outreach, Relevance and Application of Heritage in Contemporary Society will be important reading for scholars, students, cultural heritage managers, and local community stakeholders.

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.

Cultural Cleansing and Mass Atrocities

Cultural Cleansing and Mass Atrocities
Author: Thomas G. Weiss
Publisher: Getty Publications
Total Pages: 79
Release: 2020-09-08
Genre: Political Science
ISBN: 1606066722

Cultural Cleansing and Mass Atrocities: Protecting Cultural Heritage in Armed Conflict Zones addresses the connection between cultural heritage and cultural cleansing, mass atrocities, and the destruction of cultural heritage. Pulling together various threads of discourse and research, Cultural Cleansing and Mass Atrocities outlines the issues, challenges, and options effecting change.

Cultural Rights in International Law

Cultural Rights in International Law
Author: Elsa Stamatopoulou
Publisher: BRILL
Total Pages: 353
Release: 2007
Genre: Law
ISBN: 9004157522

Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.

Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law
Author: Anne-Marie Carstens
Publisher:
Total Pages: 449
Release: 2020
Genre: Law
ISBN: 0198846290

The aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, and the law. Book jacket.