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Journal articles on the topic 'Heritage law'

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Author: Grafiati

Published: 4 June 2021

Last updated: 21 February 2023

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1

Vigneron, Sophie. "International cultural heritage law (cultural heritage law and policy)." International Journal of Heritage Studies 23, no. 3 (September 9, 2016): 288–89. http://dx.doi.org/10.1080/13527258.2016.1232302.

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2

Giustiniani, Flavia Zorzi. "International Cultural Heritage Law (2020)." Yearbook of International Disaster Law Online 3, no. 1 (February 21, 2022): 565–67. http://dx.doi.org/10.1163/26662531_00301_030.

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3

Schadla-Hall, Tim. "Archaeological Heritage Law: Neil Cookson." Public Archaeology 1, no. 4 (January 2001): 282–83. http://dx.doi.org/10.1179/pua.2001.1.4.282.

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4

Flessas, Tatiana. "Book Review: Archaeological Heritage Law." Environmental Law Review 4, no. 4 (December 2002): 276–77. http://dx.doi.org/10.1177/146145290200400409.

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5

Giustiniani, Flavia Zorzi. "International Cultural Heritage Law (2018)." Yearbook of International Disaster Law 1, no. 1 (November 7, 2019): 419–25. http://dx.doi.org/10.1163/26662531-01001028.

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6

Owley, Jessica. "Cultural heritage conservation easements: Heritage protection with property law tools." Land Use Policy 49 (December 2015): 177–82. http://dx.doi.org/10.1016/j.landusepol.2015.07.007.

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7

Fitri, Isnen. "Partisipasi Masyarakat Lokal Medan: Sebuah Tinjauan Atas Kriteria Nasional Pada Proses Penetapan Sebagai Cagar Budaya." Berkala Arkeologi SANGKHAKALA 18, no. 2 (May 15, 2017): 110. http://dx.doi.org/10.24832/sba.v18i2.12.

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Among the important problems encountered in the implementation of cultural heritage preservation in Indonesia nowadays is the establishment of the cultural register in national, province, or regency/city levels. Criteria in article 5 of the Law on Items of Cultural Heritage No.11/2010 are insufficient for the process of assigning historical assets as cultural heritage items. The criteria also seem to merely be a “copy and paste” of the previous law. Meanwhile, at the global level, during the last several decades, many countries have begun to adopt the concept of the important values of heritages, which is depicted in the Burra Charter as a reference to develop criteria in assigning items of cultural heritages. To improve our national criteria in the near future, this study is aimed at evaluating national criteria in article 5 based on opinions of 33 representatives of local communities in Medan, as stakeholders in the preservation of cultural heritages in the city of Medan, by performing interviews and group discussions using Nominal Group Technique or NGT. From the diverse opinions of the 33 participants obtained from the two phases of data collecting process, it is concluded that our national criteria in assigning an item of cultural heritage that were mentioned in article 5 of the Law on Items of Cultural Heritage No.11/2010 are still obscure, difficult to measure, overlapping, and not quite in line with global trend. Most participants disagree that age is used as the main criteria. There are a number of suggestions (inputs) from the participants to improve the sentences in article 5 to form criteria that are easier to measure and independent.

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8

Weigel, Sigrid. "Inheritance Law, Heritage, Heredity: European Perspectives." Law and Literature 20, no. 2 (July 2008): 279–87. http://dx.doi.org/10.1525/lal.2008.20.2.279.

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9

Momber, Garry. "Underwater Cultural Heritage and International Law." Underwater Technology 32, no. 2 (July 1, 2014): 153–54. http://dx.doi.org/10.3723/ut.32.153.

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10

Redchits, Maria. "Criminal Law Protection of Cultural Heritage." Law. Journal of the Higher School of Economics, no. 3 (October 1, 2016): 50–60. http://dx.doi.org/10.17323/2072-8166.2016.3.50.60.

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11

Nabais, José Casalta. "Archaeological heritage law and its evolution." RevCEDOUA 13, no. 26 (2010): 9–17. http://dx.doi.org/10.14195/2182-2387_26_1.

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12

Lixinski, Lucas. "Religious heritage in international law: Nationalism, culture, and rights." Pravovedenie 64, no. 1 (2020): 138–55. http://dx.doi.org/10.21638/spbu25.2020.111.

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This Article explores the work that religious heritage performs in our thinking about the uses of heritage in the construction of politics, society, and culture. Seen as heritage, religion is an important part of nation-building, divorced from fundamental canons, and seen as a social practice, which for the most part is a positive development in line with the international human right to freedom of religion. The Article explores religious heritage in international law through the Russian experience both in the 1972 World Heritage Convention and the 2003 Intangible Cultural Heritage Convention. The author argues that, for the most part, heritage values prevail over religious ones, at least inasmuch as heritage is a proxy for secularism and cosmopolitanism. At the same time, however, the human right to freedom of religion can aid religious communities to tap into the possibilities for heritage safeguarding to protect their faith. Thus, while giving religion a priveleged position may be seen as incompatible with the worldview of peace and dialogue among nations, which international law tends to privilege, heritage law processes can also aid religion and religious communities. The coupling of heritage law with human rights can create incentives for countries like Russia to engage more seriously with the possibilities of heritage mechanisms to protect certain religious practices and curb the ascent of dangerous nationalism. Russia should therefore seriously consider ratifying the Intangible Cultural Heritage Convention, at least inasmuch as this treaty can benefit the treatment of religious heritage and its use in the country, and also help promote freedom of religion as a human right with both individual and collective dimensions.

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13

Psychogiopoulou, Evangelia. "Cultural Heritage in European Union Law and Policies." Legal Issues of Economic Integration 45, Issue 2 (May 1, 2018): 177–98. http://dx.doi.org/10.54648/leie2018009.

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The purpose of this article is to explore how the European Union (EU) has been confronted with cultural heritage. What powers have been attributed to the European institutions in the field of cultural heritage and how have they been exercised? The article discusses the EU’s competences and available means of action with respect to cultural heritage, and scrutinizes the ways they have been used. The analysis examines the cultural heritage provisions of the EU constitutional texts and the definitional complexities that surround them, it presents early activity in the field of cultural heritage, before the adoption of the Treaty of Maastricht which provided the EU with a formal cultural competence, and it disentangles the cultural heritage policy practice of the European institutions in a post-Maastricht context, looking first at the EU cultural policy proper and secondly, at a broader range of EU policies with a cultural heritage dimension. The article verifies consistency in the development of EU cultural heritage action and expands on the instrumental logic that drives it forward and on the effects of economic integration on the measures adopted.

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14

Szafrański, Wojciech, and Piotr Lasik. "Prawo ochrony dziedzictwa kulturowego. Quo vadis?" Santander Art and Culture Law Review 7, no. 1 (2021): 195–220. http://dx.doi.org/10.4467/2450050xsnr.21.005.14594.

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Heritage protection law. Quo vadis? Heritage protection law is one of the youngest branches of law. It is still developing, like a child on its way to adulthood. By using the parallel narrative between the chosen literary works for children (The Snow Queen by Ch. Andersen, The Chronicles of Narnia by C.S. Lewis, The Wonderful Wizard of Oz by L.F. Baume and Pippi Longstocking by A. Lindgren) and future challenges for heritage law, the authors aim to present different directions of development relating to heritage identity, extending the field of protection by law (by encompassing intangible heritage and other areas), valuation of heritage, and the problem of bringing heritage to the public domain and the reverse process.

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15

Sikora, Karolina. "The Right to Cultural Heritage in International Law, with Special Reference to Indigenous Peoples’ Rights." Santander Art and Culture Law Review 7, no. 2 (December 31, 2021): 149–72. http://dx.doi.org/10.4467/2450050xsnr.21.022.15267.

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In recent years, the social dimension of cultural heritage has gained significance in international law. A better understanding of the human rights dimensions of cultural heritage has resulted in substantial recognition of the right to heritage; a right that has not been explicitly regulated in international law. This article aims to analyse the path that cultural heritage law has taken to adopt a human rights law dimension. It also discusses the construction of the right to heritage and maps the connections and disconnections between and within cultural heritage law and international human rights law frameworks. The article uses the example of Indigenous peoples as a referent, due to the special bond that many may have to cultural values which play a significant role in the formation of Indigenous identity. In this context, I argue for a human rights approach to cultural heritage, which offers not only participation but also the co-creation of heritage together with local and Indigenous communities.

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16

Khalfi, Amine El, Ong Argo Victoria, and Fareha Binti Moh. Zukri. "COMPARATIVE LAW OF ISLAMIC INHERITANCE AND CIVIL LAW INHERITANCE (WEST)." Sultan Agung Notary Law Review 1, no. 2 (January 7, 2020): 109. http://dx.doi.org/10.30659/sanlar.1.2.109-120.

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Talking inheritance law can not be separated from some of the elements that are bound. The elements are as follows: 1) The Heir, heir is the person who died or people who give so-called legacy heir. Usually heir bestows both wealth and debt obligations or to other persons or heirs. 2) The heirs, heirs are those who inherit referred to as heir was given the legal right to receive the assets and liabilities or debts left by the testator. 3) Treasure heritage, heritage is everything that is given to the heir to the testator possessed, whether it be right or property such as houses, cars, and gold as well as liability for the debt. But, despite its importance, is often the subject of this heritage be problematic. Not surprisingly, many people who dropped the ropes brotherhood because of inheritance. The main problems are usually due to disagreements about equality and fairness. Indonesia has two Inheritance law, they are based on Islamic law (Faraidh) and Civil Law (Penal Code).

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17

Jhearmaneechotechai, Prin. "Selection Criteria of Ordinary Urban Heritages Through the Case of Bangrak, a Multi-Cultural & Old Commercial District of Bangkok." Nakhara : Journal of Environmental Design and Planning 21, no. 2 (July 18, 2022): 209. http://dx.doi.org/10.54028/nj202221209.

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This paper examines preservation of an old and multicultural commercial district of Bangrak, Bangkok through application of ordinary urban heritage, which is an alternative approach, but one which can fill a gap in the heritage conservation process. The dual objectives of this paper are 1. Introducing an alternative lens for considering the heritages of ordinary people in an urban context through the case of Bangrak in Bangkok, Thailand; and 2. Identifying selection criteria of ordinary urban heritages. Bangrak, the study area, is an old commercial district of inner Bangkok that is characterized by diversity in the different groups who live and work there, their cultures, and their heritages. This paper studied four areas comprising groups whose members originated from China, India-South Asia, Western countries, and Thailand. The ordinary urban heritages discussed in this paper are outcomes of identifying selection criteria based on the methodology of three processes: (1) theoretical reviews of vernacular heritage, ordinary heritage, and urban heritage, making use of AHD (Authorised Heritage Discourse) to distinguish “official” heritages identified by Thai government agencies, and the ordinary urban heritages of Bangrak. (2) analysis of historical maps, and (3) non-participant observational surveys to verify locations and appearances of ordinary urban heritages identified by the analysis of historical maps. The selection criteria of ordinary urban heritages of Bangrak are outcomes of five factors: (1) The amount of time the heritage has been present in the area, (2) Heritages of ordinary people, (3) Repetitive appearance or cluster of heritages, (4) Ability to adapt to urbanization, and (5) Present-day existence of heritages in four areas of different cultures. The ordinary urban heritages identified as the result of selection criteria comprise shophouses, urban patterns of “Trok” (small alleys), and sacred places in the communities. As buildings, shophouses are, per se, ordinary urban heritage from a physical aspect, and they are the centers of the commercial activities of everyday life. “Trok”, or small alleys, have been built by ordinary people, and they help form the particular urban pattern of Bangrak. Small sacred places represent a legacy of the beliefs of different cultures represented through their physical spaces and appearances.

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18

Halim, Bougrain Abdel, and Mubarak bin Al-Tibi. "The Penal protection of cultural heritage in Algerian law." Journal of Legal and Political Studies 7, no. 2 (December 22, 2019): 319–43. http://dx.doi.org/10.17656/jlps.10161.

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19

Andemariam, Senai W. "Eritrea’s New Heritage Law: Drafting and Implementation Issues." International Journal of Cultural Property 26, no. 02 (May 2019): 167–79. http://dx.doi.org/10.1017/s0940739119000122.

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Abstract:On 30 September 2015, the government of Eritrea issued Proclamation no. 177/2015, the Cultural and Natural Heritage Proclamation of Eritrea, to govern the country’s cultural and natural heritage. Instrumental in the inscription of the nation’s capital, Asmara, in the United Nations Educational, Scientific and Cultural Organization’s World Heritage List, the Proclamation simultaneously governs cultural (tangible and intangible) and natural heritage. The author, the main drafter of the Proclamation, discusses issues and alternatives that were debated during the drafting process, lists the key issues in relation to implementation of the Proclamation, and suggests recommendations on the way forward.

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20

Ryška, Ivan. "Types of cultural property and their protection under International Criminal Law." International and Comparative Law Review 20, no. 1 (June 1, 2020): 220–36. http://dx.doi.org/10.2478/iclr-2020-0010.

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SummaryIn this article we analyze the forms of protection of distinct types of cultural heritage under International Criminal Law. Initially, we introduce the concept of categorization of cultural heritage into types, and review its historical development. The main focus is on the present day approach to the protection based on human rights, which builds heavily on the link between a certain type of cultural heritage and a community or individual. Later, we examine the possible ways to prosecute attacks against cultural heritage under International Criminal Law. Our analysis demonstrates, that the attacks against cultural heritage may, under various circumstances, fall under the category of war crimes, crimes against humanity, or genocide. We support our conclusions by jurisprudence arguments from case law treating the prosecution of destruction of cultural heritage under International Criminal Law.

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21

Hoeflich, M. H., and E. F. Haas. "Louisiana's Legal Heritage." American Journal of Legal History 30, no. 3 (July 1986): 268. http://dx.doi.org/10.2307/845729.

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22

Bhui, Hindpal Singh. "Probation’s heritage and future." Probation Journal 52, no. 1 (March 2005): 5–7. http://dx.doi.org/10.1177/0264550505052796.

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23

Mattez, Anaïs. "Ethnonationalism and Cultural Heritage Law in Myanmar." Santander Art and Culture Law Review 8, no. 2 (December 30, 2022): 217–44. http://dx.doi.org/10.4467/2450050xsnr.22.019.17032.

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This article highlights the legal and technical challenges of contemporary heritage conservation in the context of a weak democracy, ethnic unrest, and military rule. Burma was a military dictatorship from 1962 to 2010, followed by the operation of the civil government between 2011 and 2021, which was then overthrown by the military in 2021. These ten years of civil government were characterized by a reopening of the borders to the international community, initiatives towards democracy. In terms of cultural heritage, Myanmar appeared to have made progress in modernizing its legislation when the country ratified and implemented international conventions protecting tangible cultural heritage such as the World Heritage Convention, the 1970 UNESCO Convention, and the 1995 UNIDROIT Convention. In 2015, the elected parliament drafted new legislation protecting cultural heritage: the Law Protecting Ancient Objectsand theLaw on the Preservation and Protection of Ancient Buildings. How has the ratification of international conventions and new laws impacted domestic conservation practices in Myanmar? The democratic turn entailed a visible modernization of laws, policies, and conservation techniques. However, this time was also characterized by peaks of violence between the Burman government, the Rohingya people, and other ethnic minorities. Ultimately, this article reveals that the protection of heritage became closely linked to ethnonationalist ideologies that have survived the numerous changes of political regime. This is particularly true in the Burmese context. Foreign technical assistance must be aware of the country’s complexity and learn from lessons of the past.

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24

Dey, Shuvra. "A Comprehensive Approach of Transitional Justice to Address the Deliberate Destruction of Cultural Heritage." Groningen Journal of International Law 9, no. 2 (May 18, 2022): 212–38. http://dx.doi.org/10.21827/grojil.9.2.212-238.

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Given the fact that cultural heritage has been the subject of multi-dimensional crimes during or in the aftermath of armed conflicts, this article attempts to analyze why and how such crimes can be brought under transitional justice (hereinafter TJ) mechanisms. It starts with the challenge to ascertain the inbuilt relationship, importantly, how cultural heritage enters into the domain of TJ. To this end, it fragmentises the rights of heritage and laws associated with these rights and examines how multiple discourses (i.e. human rights, humanitarian law, and criminal law) come together to form the notion of heritage rights and how their recognition contributes to cultural heritage’s entrance into TJ project. Thereafter, it assesses the resonance of potential TJ mechanisms and elucidates how they can help reveal the truth concerning crimes against heritage, bring the perpetrators to justice, rehabilitate the destructed sites, redress the victims, and prevent future attacks. It reiterates the value of four measures widely accepted in the TJ discourse, namely, truth-seeking, prosecution, reparations, and the measures of guarantees of non-recurrence. Finally, it explains why a comprehensive approach in terms of implementing these measures is essential and how such approach facilitates taking into account all the factors associated with the crimes against heritage.

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25

Guss, Aleksandra. "The Digitization of Cultural Heritage under Polish Law and Policy: Challenges Presented by Copyright Law." Santander Art and Culture Law Review, no. 2 (6) (2020): 377–406. http://dx.doi.org/10.4467/2450050xsnr.20.025.13028.

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Digitization in the narrow sense means the conversion of analogue data into digital form. Looking more broadly through the prism of the protection of cultural heritage, digitization of its objects means not only the conversion of analogue objects into their digital version, but is also related to the processing of the obtained material, file management, and finally, but not always, the sharing of digital documentation. It is not a simple procedure because it has many limitations, including those arising from issues of the copyright protection of digitized works. The aim of this article is to present the challenges related to copyright in relation to the digitization of cultural heritage in the light of Polish law and policy. Poland is one of the countries where the process of digitization of cultural heritage is developing dynamically, both through government programmes and grassroots digitization movements. However, there is no separate regulation in the Polish legal system devoted to the digitization of cultural heritage resources. This makes it difficult to ensure the digitization of a significant part of collections due to the limitations resulting from copyright and their relation to works that can potentially be transferred into the digital space.

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26

de Clippele, Marie-Sophie, and Lucie Lambrecht. "Art Law & Balances. Increased Protection of Cultural Heritage Law vs. Private Ownership: Towards Clash or Balance?" International Journal of Cultural Property 22, no. 2-3 (August 2015): 259–78. http://dx.doi.org/10.1017/s0940739115000119.

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Abstract:Private ownership and cultural heritage protection are two interests in continuing tension. The traditional conception of property right is based on an absolute individual right to the peaceful enjoyment of possessions. However, interference in this right may restrict its exercise and impose charges on the owner, such as classification measures and conservation easements. This paper formulates a hypothesis about an increased protection of cultural heritage along with that of private ownership.Against the background of a complex constitutional allocation of cultural powers, Belgian law provides a pertinent illustration of this development. At the one hand, Belgian governments have been adopting more extensive legislation protecting cultural heritage. On the other hand, Belgian courts, traditionally reluctant to recognize any compensation right when the protective measure only restricts the ownership, gradually appear to undertake a more thorough analysis of the fair balance between the conflicting interests, notably in favor of the owner.The authors gauge the merits of a new model of cultural heritage protection.

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27

Ryazanov, Mykhailo Yuriiovych. "LEGAL HERITAGE IN BECOMING OF MODERN LAW." Law Bulletin, no. 20 (2021): 39–44. http://dx.doi.org/10.32850/lb2414-4207.2021.20.05.

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28

D'ESTAING, VALÉRIE-ANNE GISCARD. "Heritage Photography in France: Law and Reality." Art Book 14, no. 1 (February 2007): 27–28. http://dx.doi.org/10.1111/j.1467-8357.2007.00758.x.

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29

Androutsopoulos, George. "Law and Religious Cultural Heritage in Europe." Journal of Church and State 57, no. 4 (October 20, 2015): 771–73. http://dx.doi.org/10.1093/jcs/csv086.

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30

Siehr, Kurt. "International Law Association Committee on Cultural Heritage." International Journal of Cultural Property 6, no. 1 (January 1997): 142–43. http://dx.doi.org/10.1017/s0940739197000167.

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31

Sykes, Robbie. "Listening Back: Music, Cultural Heritage and Law." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 31, no. 2 (April 5, 2018): 183–86. http://dx.doi.org/10.1007/s11196-018-9552-2.

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32

O'Keefe, P. "Law: Recovery of unlawfully exported cultural heritage." Museum Management and Curatorship 13, no. 1 (March 1994): 98–100. http://dx.doi.org/10.1016/0964-7775(94)90039-6.

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33

Lixinski, Lucas. "International Cultural Heritage Regimes, International Law, and the Politics of Expertise." International Journal of Cultural Property 20, no. 4 (November 2013): 407–29. http://dx.doi.org/10.1017/s0940739113000210.

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Abstract:The article examines the problematic politics of expertise in the formation of international legal rules in the field of heritage, looking specifically at international conventions made under the auspices of UNESCO. The article shows that, even within this seemingly small and cohesive universe, there is a lot of room for disagreement, and much of it can be traced back to what Laurajane Smith has called “the Authorized Heritage Discourse” (AHD). The AHD is responsible for the dichotomization of heritage between intangible and tangible, as heritage professionals strive to hold on to and expand their self-created professional legitimacy and importance. Heritage professionals, in striving to maintain their relevance, tend to create self-referential regimes that exclude heritage holders and communities. I argue that lawyers, because of their own professional tendencies, might be in a position to offer a counterpoint to rule by experts in international cultural heritage management.

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34

Johannot-Gradis, Christiane. "Protecting the past for the future: How does law protect tangible and intangible cultural heritage in armed conflict?" International Review of the Red Cross 97, no. 900 (December 2015): 1253–75. http://dx.doi.org/10.1017/s1816383115000879.

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AbstractIn war, individuals are vulnerable not only physically but also in terms of their cultural identity, and the obliteration of cultural heritage often becomes a central issue. This is particularly the case in armed conflicts with an ethnic, cultural or religious character. In some regions, cultural heritage consists more of monuments and objects; it is a “tangible” heritage, mostly protected by the law of armed conflict. Elsewhere, where structures are impermanent, cultural heritage is mainly expressed through orality, gestures, rituals, music and other forms of expression that individuals create using various media and instruments. Such heritage is mainly “intangible”. This essay aims to show that cultural heritage is both tangible and intangible, and that the law which protects such heritage is not limited to the law of armed conflict. Cultural heritage also benefits from the protection of other applicable instruments, such as human rights treaties and the UNESCO cultural heritage conventions.

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35

Lixinski, Lucas. "Luci E Ombre: The Bright and Dark Sides of International Heritage Law." Italian Yearbook of International Law Online 22, no. 1 (2013): 133–53. http://dx.doi.org/10.1163/22116133-02201007.

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The article discusses the achievements of international legal regimes for the protection and safeguarding of cultural heritage, focusing on the regimes created under the auspices of UNESCO. It argues that, even though there are many achievements of these regimes, and that these should be celebrated, each major achievement (bright side) casts a shadow (a dark side), which comes to show the unintended consequences of international heritage law. The dark sides often stem from an over-reliance on the law as a vocabulary for articulating heritage matters, while overlooking the limitations of the law as a discipline and a tool in the constantly-changing realm of heritage. The article calls for a more self-aware international heritage law, one that is willing to consider both the lights and the shadows of these regimes.

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36

Lixinski, Lucas. "Between orthodoxy and heterodoxy: the troubled relationships between heritage studies and heritage law." International Journal of Heritage Studies 21, no. 3 (May 28, 2014): 203–14. http://dx.doi.org/10.1080/13527258.2014.922113.

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37

Nafziger, James A. R. "The Cultural Heritage Law Committee of the International Law Association: General Session, August 16, 2010." International Journal of Cultural Property 17, no. 4 (November 2010): 661. http://dx.doi.org/10.1017/s0940739110000391.

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Twenty-two members of the International Law Association's Committee on Cultural Heritage Law attended a working session in The Hague. The committee first reviewed the status of its past projects, focusing this time on the UNESCO Convention for the Protection of the Underwater Cultural Heritage, which resulted from the Committee's Buenos Aires Draft Convention on that subject. Now that the treaty is in force, the committee considered the actual and potential status of accession by maritime powers.

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38

Gonçalves, Rubén Miranda. "LEGAL ASPECTS OF THE UNDERWATER CULTURAL HERITAGE IN SPAIN. CURRENT STATE LEGISLATION." Veredas do Direito: Direito Ambiental e Desenvolvimento Sustentável 14, no. 30 (December 18, 2017): 39–51. http://dx.doi.org/10.18623/rvd.v14i30.1176.

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The Underwater Cultural Heritage is a kind of heritage that is little studied and, for that reason, protection to Underwater Cultural Heritage is yet one of the greatest novelties of the present times. There was no standard to regulate it at the international level by 2001. In turn, at a domestic level, the legislation of the Spanish State fails to have a law to protect it in a specific way, except for Law 16/1985 dated June 25 and issued by the Spanish Historic Heritage - LPHE, which includes it within the archeological heritage.The present legal paper addresses the legislation in force in the Spanish State on Underwater Cultural Heritage, with special attention given to Law 16/1985 dated June 25 of the Spanish Historic Heritage.

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39

Scovazzi, Tullio. "The Law of the Sea Convention and Underwater Cultural Heritage." International Journal of Marine and Coastal Law 27, no. 4 (2012): 753–61. http://dx.doi.org/10.1163/15718085-12341249.

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Abstract As far as underwater cultural heritage is concerned, the regime of the Law of the Sea Convention (LOSC) is fragmentary, insufficient and even counterproductive. The English text of Art. 303, para. 3, can be interpreted as an invitation to the looting of the heritage under a first-come-first-served, or “freedom-of-fishing,” criterion. Only Art. 149, which applies only to “the Area”, takes into consideration the need to use the heritage for the benefit of mankind and the preferential rights of some States. The 2001 UNESCO Convention for the Protection of the Underwater Cultural Heritage tries to bring a remedy to the disastrous aspects of the LOSC regime. In short, even the LOSC can be bad, albeit in very rare instances, and the case of underwater cultural heritage is the most notable one.

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40

Aykan, Bahar. "Saving Hasankeyf: Limits and Possibilities of International Human Rights Law." International Journal of Cultural Property 25, no. 1 (February 2018): 11–34. http://dx.doi.org/10.1017/s0940739118000036.

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Abstract:This article explores the limits and possibilities of international human rights law in protecting cultural heritage from state-led destruction. It does so by focusing on two attempts by activists and non-governmental organizations to have the United Nations and the Council of Europe intervene to save the ancient city of Hasankeyf in Turkey’s southeast region, which will soon be flooded by the reservoir waters of the Ilısu Dam. Adopting a heritage rights focus, these grassroots initiatives have argued that Hasankeyf’s destruction would constitute a violation of human rights because it would deprive people of their right to participate in, and benefit from, cultural heritage. I suggest that, as powerful attempts to link cultural heritage and human rights, these cases demonstrate the need for more effective and legally binding international frameworks to protect heritage rights as an aspect of human rights.

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Oleksandr, Malyshev. "Cultural Heritage in Juridical Realm of Things." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 169–79. http://dx.doi.org/10.33663/0869-2491-2020-31-169-179.

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Introduction. This article deals with the concepts of cultural heritage and cultural property from the standpoint of legal history and philosophy. This research reflection was inspired by the Draft Law of Ukraine “On Cultural Market Goods”. The author follows the path determined by language and by peculiarities of civil law tradition. It is high time to return to a dialectical understanding of Romance and Germanic traditions as two contradictive poles of heritage law understanding in Continental Europe. The aim of the article is the analysis of the correlation of “cultural heritage” and “cultural property” notions within international law and national law of Ukraine, and integration of these notions into the united concept of heritage law. Results. First, the fundamental terms and definitions – for instance, “bien” (French) and “Sache” (German) – related to the property law have been analysed in relevant civil codes of Romance and Germanic traditions. The property law in the civil law tradition provides a certain legal description of the whole visible and abstract world. Hence, the way passed from the Napoleonic Code to the German Bürgerliches Gesetzbuch was both the development of legal forms, as well as the evolution of the world outlook reflected in the legal texts. In the French Code civil, one can observe a baroque pattern of the world of things, especially manifested by a difficult correlation between “bien” and “chose” concepts. The definition of “Sache” in Bürgerliches Gesetzbuch demonstrates the positivistic world vision. Because Bürgerliches Gesetzbuch is more advanced from the legal drafting methodology, its specific patterns and notions were implemented by the civil codes of the majority of European countries. On the contrary, in the heritage law realm, the Romance “bien” concept has been dominating. Conclusions. Paper states that the Romance law tradition and, particularly, the French doctrine of the civil law have a determining impact on the roots and on the formation of the modern vision of the cultural property. Hence, such doctrinal foundations seem to be efficient for a systematic and organic comprehension of the heritage law.

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Collot, Pierre-Alain. "The Enhancement of Immovable Cultural Heritage by Urban Planning Law: The French Experience." Santander Art and Culture Law Review, no. 2 (6) (2020): 355–76. http://dx.doi.org/10.4467/2450050xsnr.20.024.13027.

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Despite the incremental development of the heritage dimension of local urban planning plans, as well as an ever-more substantial relationship between immovable cultural heritage law and urban planning law, these two elements remain susceptible to raising confusion, occasionally contradicting one another frontally. The French Act of 7 July 2016 on Freedom of Creation, Architecture, and Heritage had the initial ambition of harmonizing and simplifying the mechanisms for the protection and enhancement of immovable cultural heritage, including under urban planning law. Yet the Act of 23 November 2018 on Housing Development, Urban Planning, and Digital Technology has further contributed to weakening the heritage protection mechanisms and bestowed a priority on the construction of new buildings over the conservation and enhancement of old neighbourhoods and buildings.

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Paterson, Robert K., and James A. R. Nafziger. "The Cultural Heritage Law Committee of the International Law Association: Special Session, June 8, 2009, Geneva, Switzerland." International Journal of Cultural Property 16, no. 4 (November 2009): 415–16. http://dx.doi.org/10.1017/s0940739109990348.

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In August 2008 the Seventy-third Conference of the International Law Association (ILA) in Rio de Janeiro adopted the Cultural Heritage Law Committee's “Guidelines for the Establishment and Conduct of Safe Havens for Cultural Material,” the text of which appears in this issue. The Committee, after discussing its on-going project concerning the relationship between international trade law and the protection of cultural heritage, decided to focus on national export controls.

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Adams, Arlin M., and Charles J. Emmerich. "A Heritage of Religious Liberty." University of Pennsylvania Law Review 137, no. 5 (May 1989): 1559. http://dx.doi.org/10.2307/3312237.

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Merryman, John Henry. ""Protection" of the Cultural "Heritage"?" American Journal of Comparative Law 38 (1990): 513. http://dx.doi.org/10.2307/840556.

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Thomas, Zakir. "Common Heritage to Common Concern." Journal of World Intellectual Property 8, no. 3 (November 1, 2005): 241–70. http://dx.doi.org/10.1111/j.1747-1796.2005.tb00249.x.

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Green Martínez, Sebastián. "Cultural Heritage Challenges in Investment Arbitration: Review of Valentina Vadi'sCultural Heritage in International Investment Law and Arbitration." Israel Law Review 50, no. 2 (June 1, 2017): 227–44. http://dx.doi.org/10.1017/s0021223717000024.

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International investment law is usually oriented to protect investors while cultural heritage law focuses on the protection of unique items and activities of cultural value. These two subsystems coexist and increasingly intersect within the international legal system, mainly in the context of investment arbitration proceedings, where domestic cultural policies are balanced against the interests and rights of foreign investors. The interplay between these subsystems entails legal complexities and challenges and, as a result of the increasing number of cultural heritage disputes, demands new approaches in the fields of cultural governance, international relations and dispute settlement. These issues are thoroughly addressed by Valentina Vadi in her bookCultural Heritage in International Investment Law and Arbitration(Cambridge University Press 2014).

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Rutherford, Leslie. "Protecting World Heritage Sites." Journal of Environmental Law 6, no. 2 (1994): 369–84. http://dx.doi.org/10.1093/jel/6.2.369.

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Wells, Jeremy C., and Lucas Lixinski. "Heritage values and legal rules." Journal of Cultural Heritage Management and Sustainable Development 6, no. 3 (November 21, 2016): 345–64. http://dx.doi.org/10.1108/jchmsd-11-2015-0045.

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Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privilege the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. To address this problem, the purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, adaptive regulatory framework that incorporates heterodox approaches to heritage and therefore is capable of accommodating contemporary sociocultural values. Design/methodology/approach The overall approach the authors use is a comparative literature review from the fields of heterodox/orthodox heritage, heterodox/orthodox law, adaptive management, and participatory methods to inform the creation of a dynamic, adaptive regulatory framework. Findings Heterodox heritage emphasizes the need for a bottom-up, stakeholder-driven process, where everyday people’s values have the opportunity to be considered as being as valid as those of conventional experts. Orthodox law cannot accommodate this pluralistic approach, so heterodox law is required because, like heterodox heritage, it deconstructs power, values participation, and community involvement. Practical implications Orthodox heritage conservation practice disempowers most stakeholders and empowers conventional experts; this power differential is maintained by orthodox law. Originality/value To date, there have been few, if any, attempts to address critical heritage studies theory in the context of the regulatory environment. This paper appears to be the first such investigation in the literature.

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Schönenberger, Beat. "International Law Association, Committee on Cultural Heritage Law (London, England, May 17–18, 2007)." International Journal of Cultural Property 15, no. 4 (November 2008): 411–12. http://dx.doi.org/10.1017/s0940739108080338.

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The Committee on Cultural Heritage Law of the International Law Association (ILA) held an interim meeting in London on May 17–18, 2007. After completing the work on the Principles for Cooperation in the Mutual Protection and Transfer of Cultural Material on the occasion of the Seventy-Second Conference in Toronto 2006, the committee has now two projects on its agenda. The first one is concerned with a study of the concept of safe havens for temporary deposit of cultural material rescued from circumstances of armed conflict and other serious threats; the second study deals with the relationship between international trade law and cultural heritage law.

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