Journal articles on the topic 'Public Law – Cultural Heritage'
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1
Fechner, FG. "The fundamental aims of cultural property law." International Journal of Cultural Property 7, no. 2 (January 1998): 376–94. http://dx.doi.org/10.1017/s0940739198770390.
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The law of cultural property is primarily based on the interests of the states concerned. If a cultural object is of high monetary or identificatory value, states will contest the ownership, and many of these cases are resolved by compromise. If a cultural object is of less monetary or identificatory value, states often neglect its preservation. Yet the law for protection of cultural property should not only be a method for the arbitration of national interests but should also take into account the interests of humankind in general, including preservation of the object in its original context, public accessibility, and the scientific, historic and aesthetic interests that can be associated with an object. While some states are unable to protect their cultural heritage, especially in times of war, public international law does not prevent a state from destroying its cultural heritage. Cultural heritage law is developing rapidly, and national laws and international conventions are in the process of creation. At this time, the author posits, it is therefore necessary to consider the reasons for the protection of cultural objects.
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Deacon, Harriet J. "Ethics, intellectual property and commercialization of cultural heritage." Pravovedenie 64, no. 1 (2020): 93–111. http://dx.doi.org/10.21638/spbu25.2020.108.
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The Sámi are an indigenous people residing in Sápmi, a region cutting across northern Scandinavia (Norway, Finland, Sweden) and the Kola Peninsula in Northwest Russia. This article tells the story of a Sámi sun symbol on a seventeen century drum, originally from Swedish Sápmi, that was registered as a trademark by a jewellery company in Norway called “Tana Gull and Sølvsmie AS” in 2009. The mark was invalidated in 2020 because, according to the Norwegian Intellectual Property Office, the registration of a religious symbol was likely to infringe on the rights of the Sámi, whose access to their own cultural and religious symbols should be protected. The basis for the decision was a public policy exception, a provision within trademark law excluding the registration of signs “contrary to morality or public policy”, and allowing the law into account public opinion, public interest and human rights. Analysis of this case is used to shape the debate about the role of intellectual property law in addressing the problem of overcommercialization, for example by preventing cultural misappropriation. The authors suggest that the notion of blasphemy or religious offence through banal commercialization should be more broadly formulated in interpretation of the public policy exception in order to take account of cultural misappropriation. They also argue that protecting the public domain by preventing registration of important cultural and religious symbols is not sufficient to address the problem of cultural misappropriation in a commercial context. Positive protection through trademark registrations is just as important as their defensive protection.
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Čelić, Duško. "Restrictions on property rights on immovable cultural heritage." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 545–69. http://dx.doi.org/10.5937/zrpfns55-31525.
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The paper presents the specific legal nature of cultural goods and, from that aspect, the specific and numerous restrictions on property rights. As a special kind of object, which have special quality, functions and purpose in society, cultural goods are the object of a special property law arrangement. Such, especially property related regulation, in the case of cultural goods, is the result of the coexistence of individual ("private") and public (social) interest in preserving cultural heritage as a general good of society. Restrictions on property rights on immovable cultural heritage, represent a specific concretization of the social attachment of property rights. As the main source of cultural property rights in the Republic of Serbia, the Law on Cultural Heritage, passed more than a quarter of a century ago, regulates the area of property rights on cultural goods incompletely and imprecisely, even in conflict with later regulations, the Constitution and the Law on Public Property. Numerous provisions on the rights and obligations of the owners of immovable cultural property are incomplete and imprecise and guarantees of property rights are insufficient. The paper also raises the issue of cultural property rights and property restrictions on immovable cultural heritage, which are at the same time worship temples, whose owners and users are churches and religious organizations (res sacrae). It is necessary to adjust the property restrictions of the owners of these immovable cultural heritage, to the specific needs of churches and religious organizations, as well as to further limit the possibility of encroachment on the right of ownership by public authorities.
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Lee, Jaehong. "Third Generation Human Right to Cultural Heritage: A Possible Breakthrough with the DAOs." Center for Public Interest & Human Rights Law Chonnam National University 29 (August 30, 2022): 101–48. http://dx.doi.org/10.38135/hrlr.2022.29.101.
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The first and second generations of human rights which are established on individuality fall short of offering full protection to cultural heritage. Recognition of the solidarity among entities even beyond the geographical and temporal limit is an essential prerequisite of the right to culture as common heritage of mankind. Furthermore, cultural heritage serves as the basis of human identity which leads to human dignity and cultural heritage itself has its own value to be protected regardless of its use. These factors support Karel Vasak’s argument of the ownership of the common cultural heritage of humanity as one of the third generation human rights. However, the third generation human right to cultural heritage not only conflicts with property rights but also entails contradiction between different group interests. With the power of the blockchain technology which enables openness, transparency, anonymity, decentralization and trust, DAOs (Decentralized Autonomous Organizations) hand out clues to solve the problems of the third generation human right to cultural heritage. The provisions in the Korean civil act regarding an association that is not a juristic person also provide useful legal methods to realize the collective ownership of cultural heritage. If DAOs have the legal status of the association without juristic personality in Korean civil act and the Articles of DAOs clearly stipulate the public nature of the ownership and the solidarity with others including future generations, the third-generation human right to cultural heritage can be enforced effectively. In Korea, the National Treasure DAO tried to be the first DAO with the purpose of public ownership of two Korean national treasures. Though it failed, it gave enough insight to make a future breakthrough. It cannot be emphasized enough that DAOs and its collective ownership alone leave a vast lacuna in guaranteeing the public access and participation in the cultural heritage with a common value. Public law research that carves out the details of solidarity in cultural heritage must fill the blank. It should be incarnated in the Articles of DAOs to keep the common value of cultural heritage intact. Also, the public law research results should guide states, public authorities, museums, and other specialists who will take the initiative of the cultural heritage DAOs in near future.
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Cunha, Catherine da Silva, and Sônia Elisabete Constante. "The archives in Rouanet Law." Transinformação 25, no. 3 (December 2013): 203–11. http://dx.doi.org/10.1590/s0103-37862013000300003.
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The aim of the article is to discuss the recognition by archivists and archival institutions of the cultural aspect as an important tool for the preservation of documents. It is based on studies about historical and cultural heritage, whose paradigms comprise the Archives as places of memory. It highlights the inclusion of public and private Archives among the cultural areas benefited by the law for cultural promotion, provided these institutions do not restrict access to the public. We also stress the relevance of this integration for the development of cultural projects aimed at preserving documents, as well as raising the necessary resources for their implementation. We point out the relationship between the Archives and Culture established in theoretical references in this field. This study is guided by the polysemous character of the concept of “culture” due its numerous appropriations and applications. We also present the concepts of public policies and cultural projects and conclude that the inclusion of this subject in the curricula of the courses in Archive Administration in Brazil can disseminate tax legislation and ways to raise funds to support Brazilian culture, promote heritage education within the universities and institutions, and contribute to the archiving practice by acknowledging the importance of Archives to culture.
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Pirri Valentini, Anna. "Translating the concept of “cultural identity” in public policies: Between the international and the national, and the tangible and intangible dimension." International Journal of Constitutional Law 19, no. 5 (December 1, 2021): 1756–77. http://dx.doi.org/10.1093/icon/moab126.
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Abstract A concept such as that of “cultural identity” seems primarily belonging to the historic-artistic domain, but understanding its meaning is also fundamental for legal scholars dealing with cultural heritage policies and administration. This article examines how that notion has been shaped by legislators at different levels, revealing specific meanings depending on whether we are dealing with international conventions or national norms, and with tangible or intangible cultural heritage. The comparison of international conventions and national legislation highlights the clash between different orientations in the cultural heritage sector, namely between nationalists and internationalists. From a regulatory perspective, this clash of interests is reflected in the opposing concepts of “common heritage of mankind” and “national cultural identity,” whose legal implications need to be addressed. These two definitions are examined and challenged in an effort to understand whether they still have a legal meaning or if they have been replaced by a “global” notion of cultural identity. From a more general perspective, through an analysis of three case studies, the article reveals the role played by legal traditions when the same matter is regulated both by national and international legislative interventions enacted in different time periods. Think globally, act locally.
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Borić Cvenić, Marta, Hrvoje Mesić, and Roko Poljak. "Revitalization of Osijek’s Forgotten Industrial Heritage as a Potential for the Development of Cultural and Creative Industries." Informatologia 55, no. 3-4 (December 23, 2022): 232–45. http://dx.doi.org/10.32914/i.55.3-4.3.
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A highly developed industry used to be synon-ymous with Osijek and the entire Slavonija and Baranja region in the past, but in modern times the notion of industry has taken on a new meaning. Classic factories have disappeared, making room for the development of more modern and innovative industries, including cultural and creative industries. The problem of recognition and conservation of tangible and intangible cultural heritage, which is increas-ingly often at risk, has also come up in the ur-banisation process. Systematic efforts to con-serve and revitalise cultural heritage are need-ed in order to preserve the identity and the culture of the local community. Otherwise it will fall victim to uncontrolled urbanisation, and disappear. Cultural and creative industries are building ways for the development, con-servation and urban regeneration and revitali-sation of the cultural heritage. Repurposed industrial cultural heritage can serve as a re-minder of former glory, but also as a daily in-spiration for new entrepreneurs, creative pro-fessionals, and all other citizens. Local and national governments must make projects aimed at the revitalisation of all types of cul-tural heritage their priority. These projects are highly attractive. Even though they are also challenging and very expensive, they will con-tinue to bear fruit for many years after their implementation by reinforcing their city’s identity, but also through fast-growing cultural tourism. The main objective of this paper is to explore the potentials of the forgotten (invisi-ble) industrial (now cultural) heritage of Osijek within the sector of cultural and creative in-dustries. With this goal in mind, the authors carried out a survey to gauge public awareness of the economic potential offered by the devel-opment of cultural and creative industries, with a focus on the revitalisation of Osijek’s industrial cultural heritage. One of the objec-tives of the survey was also to identify the opinions of different age and education groups in the public about these matters. Regrettably, the awareness of the importance of conserving cultural heritage remains rather low. Educa-tional campaigns, written guidelines, projects and events are needed to educate the broader community in order for the development po-tential of cultural and creative industries to be really manifested.
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Mukhtar, Marduati, Mohamed Ali Haniffa, Zulhilmi bin Paidi, and Mawardi M. Thaib. "Involvement of Families as Owners of Cultural Heritage Improving Religious Tourism in Banda Aceh: Perspective of Maslahah Theory." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 2 (December 3, 2022): 655. http://dx.doi.org/10.22373/sjhk.v6i2.12537.
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The increase in the tourism sector, particularly religious and cultural tourism to Indonesia, especially Aceh, can contribute to the increasing number of visits. This study aims to discuss families’ involvement in managing cultural heritage in Banda Aceh. The research method is phenomenological qualitative research, analyzed using maslahah theory. Data collection techniques used are interviews, observation, and document analysis. The results indicate that some cultural heritages in Banda Aceh have economic, historical, and religious value. One of the preferred tourist destinations is the Tomb of Sheikh Abdurrauf, which is visited by many domestic and foreign tourists. Apart from that, the involvement of families or heirs as managers of cultural heritage will provide maslahah value, or benefits, for the heirs, country, tourists, and the public in general. Among others, the benefits for the heirs are both economically and responsibly as an inheritance from their ancestors. For the country, the cultural sites will be maintained and remain sustainable, thus bringing in foreign exchange. Meanwhile, for the tourists and the public, the benefit will meet their tourism, spiritual and economic needs. Another addition is that the site is historical evidence of the great scholar who played a role in the spread of Islam in the archipelago and the Southeast Asian peninsula. Therefore, the preservation of cultural heritage involving the heirs is paramount in the context of maslahah.
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Aleksandrova, Maria A. "Age as a criterion of value for tangible cultural heritage objects under Russian law." Pravovedenie 64, no. 1 (2020): 176–83. http://dx.doi.org/10.21638/spbu25.2020.114.
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UNESCO’s activities are dedicated to the conservation of both intangible and tangible cultural heritage. One of the most difficult issues in constructing a system for the protection of tangible cultural heritage objects is the criteria for identifying objects as cultural heritage. Obviously, it takes time to assess the cultural or historical value and significance of a tangible object. In most cases, granting the status of a cultural heritage object is assigned much later than its creation. However, international acts also do not contain specific requirements for how old a particular object should be in order to qualify it as an object of cultural heritage. UNESCO’s practice is known for several cases of adding to the World Heritage List relatively young sites. The Russian Cultural Heritage Object Act (2002), along with the laws of some other countries, establishes a specific age (40 years) that any object must reach in order to become a cultural heritage object. An exception is made only for memorial apartments and buildings (they can be attributed as objects of cultural heritage immediately after the death of famous personalities) and for objects of archeology (they must be at least 100 years old). This rule of law is mandatory, which means that it does not make other exceptions to the rule of 40 years. Such a rule of law significantly distinguishes the Russian approach from foreign legislation. On the one hand, such regulation may negatively affect the possibility of protecting outstanding objects from the late Soviet and early new Russian period. On the other hand, the approach of granting the status of cultural heritage objects to many relatively new objects can negatively affect urban development. The author proposes to evaluate and review this provision of law in order to find the optimal balance of public and private interests.
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Kerr, John. "The state of heritage and cultural property policing in England & Wales, France and Italy." European Journal of Criminology 17, no. 4 (October 1, 2018): 441–60. http://dx.doi.org/10.1177/1477370818803047.
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Presenting a large threat to irreplaceable heritage, property, cultural knowledge and cultural economies across the world, heritage and cultural property crimes offer case studies through which to consider the challenges, choices and practices that shape 21st-century policing. This article uses empirical research conducted in England & Wales, France and Italy to examine heritage and cultural property policing. It considers the threat before investigating three crucial questions. First, who is involved in this policing? Second, how are they involved in this policing? Third, why are they involved? This last question is the most important and is central to the article as it examines why, in an era of severe economic challenges for the governments in the case studies, the public sector would choose to lead policing.
11
Kryshtanovskaya, O., A. Komarova, and M. Zakharov. "PUBLIC ADMINISTRATION OF CULTURAL SPHERE IN RUSSIA: EXPERT VIEW." Vestnik Universiteta, no. 1 (March 15, 2019): 163–70. http://dx.doi.org/10.26425/1816-4277-2019-1-163-170.
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As a result of all-Russian expert survey the challenges of cultural management were discussed in order to reveal its weakest points. In the first place, according to the most experts, there is a problem of underfunding, which entails serious consequences such as personnel stagnation, increasing inequality of access to cultural heritage of various strata of the population and regions. In addition, commercialisation of culture lowers its overall level that negatively affects the state of society as a whole. Participants of the survey suggested a range of measures designed to improve the quality of public administration in cultural sector in both law and enforcement aspects. Most experts are convinced that new cultural law which would facilitate an overcoming dramatic inequality is needed.
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Corbett, Susan. "Immaterial cultural property and the private owner: how copyright and trade law might address access and preservation." Queen Mary Journal of Intellectual Property 9, no. 3 (July 2019): 262–81. http://dx.doi.org/10.4337/qmjip.2019.03.02.
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Private owners of culturally significant works are legally entitled to refuse to permit third parties, including cultural heritage institutions (CHIs), to access those works. This situation is particularly problematic for CHIs when the cultural works at issue are immaterial works that are supported on unstable physical platforms, such as cellulose acetate film, cellulose tapes or early computer software. Ideally, these cultural works should undergo urgent digital preservation processes in order to preserve and protect the public interest in accessing its cultural heritage. If property is culturally important, a private owner's ability to withhold it from third party access may conflict with the human right to participate in cultural life, as affirmed in international human rights law. Noting however that human rights law also provides that ‘no-one shall be arbitrarily deprived of his property’, a balance between the property rights of the owner and the public interest in culture is essential. This article proposes amendments to copyright law and domestic trade law as possible ways to provide this balance. This article focuses on New Zealand law and its earliest immaterial cultural works, but the arguments could be extended to other cultural works and to other jurisdictions.
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Martynenko, Igor. "Legal Instruments for Improving the Role of Civil Society Institutions as Subjects of Cultural Policy in the Field of Historical and Cultural Heritage." Teisė 112 (September 23, 2019): 230–36. http://dx.doi.org/10.15388/teise.2019.112.13.
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The purpose of this article is to determine the purpose, principles, and essence of integrating law enforcement and control systems exercising state and public control related to countering crimes and offenses in the fields of historical and cultural heritage, thus developing a single system of subjects of law enforcement activity that can be combined with the function of coordination.
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Xheraj-Subashi, MSc Dorina. "Some Considerations on the Evolving Concepts of Cultural Heritage." ILIRIA International Review 4, no. 2 (December 31, 2014): 237. http://dx.doi.org/10.21113/iir.v4i2.47.
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The history of the property as general heritage and access to the entire society is a phenomenon which took matter during the French Revolution, where the entire heritage, especially of museums, should be considered as a public possession of all, in order to disseminate knowledge to all. In the Albanian context, the history to this heritage and the awareness took place in other circumstances, given the history and various developments in Albania. Given such circumstances, our analysis will be focused on the historical development and attention to national heritage, which was propagated at the same time as raising and awareness of missing values. These values have been attempt in different ways and related and have also changed during years of totalitarian period and then with the change of the political system.The paper tries to bring an overview of holistic term of culture heritage including museum law interpretation as part of cultural heritage legislation.
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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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Chang, Lung-chih. "Island of Memories." International Journal for History, Culture and Modernity 2, no. 3 (March 28, 2014): 229–44. http://dx.doi.org/10.18352/hcm.471.
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The re-discovery of Taiwanese history along with both official and local initiatives of cultural heritage and public commemorations constitutes an important postcolonial cultural phenomenon. This paper discusses the “memory boom” in post-martial law Taiwan and examines its implications in our understanding of history, culture, and modernity in East Asian context. The major arguments of this paper can be summarised in three parts. The first section introduces the emergence of new academic and public discourses in Taiwan in the post-martial law era. The second and main section offers four major examples of postcolonial historiography and public discourse including national commemoration, ethnic revival, the heritage movement and Taiwanese wartime experience. The final section further illustrates the features of Taiwan’s postcolonial historiography in terms of history and memory with topical discussions on the rethinking of the modernity question and the reinterpretation of Japanese colonial heritage.
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Goryunova, Olga, and Qiaowei Wei. "Cultural Heritage as a Pathway to Sustainable Development in Cyprus: The Case of the Technical Committee on Cultural Heritage." Sustainability 13, no. 21 (October 28, 2021): 11929. http://dx.doi.org/10.3390/su132111929.
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This work studied the efforts of the Technical Committee on Cultural Heritage in Cyprus to explore how effectively the TCCH applies diplomatic relation-building efforts towards cultural heritage management and how this can be used to construct a bridge to a process of sustainable development of social relations and heritage use in Cyprus. The Committee’s efforts demonstrate community heritage diplomacy and civil heritage diplomacy, employed by the two largest communities of the island as they attempt to build relations with each other and other minor communities across the border via various heritage practices, and public heritage diplomacy, which is employed by the authorities of each side via the Committee to influence the public of the other side. The Committee employs these forms of heritage diplomacy via a language of cooperation and by bridging gaps in and crossing borders for collaboration, so as to transfer knowledge, values, and experience, and to build trust with institutions and communities. The significance of the study lies in illustrating that the technical and collaborative successes of the Committee via application of the determined types of diplomacy may be successfully applied for a sustainable approach to build relations and confidence under ideologically and politically strained circumstances in Cyprus.
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Ghezzi, Agnese. "Filing the world: Archives as cultural heritage and the power of remembering." International Journal of Constitutional Law 19, no. 5 (December 1, 2021): 1738–55. http://dx.doi.org/10.1093/icon/moab138.
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Abstract This article analyzes the relationship of archives to law and history, taking a critical look at the complex interplay between preservation, memory, and forgetting. Going beyond the idea of the archive as fixed and immovable, the article considers the archive in its dynamism, its chronological evolution, and its changing relations to both the state and the private individual. The article draws on examples from both national legislation and international bodies to highlight different problems arising from crucial dichotomies. The case of Italy shows how the significance of archives oscillates between historical and administrative; the French case underlines the clash between state secrecy and public access; and English-speaking countries bring about a discussion on the contrasts between private and public property. Cases of national as well as international bodies provide examples of archives’ relationship to memory and oblivion, as well as of global and local management. The article considers how the establishment of dedicated institutions, guidelines, and constraints shapes the process of document preservation and access, enabling or frustrating the dissemination of historical awareness, administrative transparency, and human rights recognition.
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Vondolia, Godwin Kofi, Albert Mensah Kusi, Sylvana Rudith King, and Ståle Navrud. "Valuing Intangible Cultural Heritage in Developing Countries." Sustainability 14, no. 8 (April 9, 2022): 4484. http://dx.doi.org/10.3390/su14084484.
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The disappearance of intangible cultural heritages (ICHs) together with associated symbols and meanings in sub-Saharan Africa (SSA) undermines 2003 UN Convention for Safeguarding of the Intangible Cultural Heritage. To contribute to reversing this trend, the present study estimates the economic value of preserving traditional kente weaving and interpretation of kente symbols by establishing national demonstration centers in Ghana. Contingent valuation (CV) surveys of both the public and kente weavers are used to elicit their preferences for these national centers. As CV surveys of cultural heritage have often been criticized for lacking both policy and payment consequentiality, we have used a specific preservation measure and a non-voluntary payment vehicle to make the decision context realistic and consequential. Households show significant, positive mean willingness-to-pay (WTP) for establishing national centers to preserve both the kente weaving technique and the interpretation of kente symbols. Furthermore, we find no distance decay in WTP for preservation of this ICH; indicating that people have strong preferences for preserving this ICH independent of how far they live from the center of kente weaving activities. This leads to larger aggregated benefits of preservation compared to built cultural heritage and local environmental goods, for example, where strong distance decay occurs in many cases. This makes the net present value of centers for demonstration of kente weaving and interpretation of kente symbols positive and an economically worthwhile investment. The policy implication of these results is that higher investments in preserving ICHs can be justified not only from a cultural heritage perspective, but also from an economic point of view.
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Feng, Di, Shang-chia Chiou, and Feng Wang. "On the Sustainability of Local Cultural Heritage Based on the Landscape Narrative: A Case Study of Historic Site of Qing Yan Yuan, China." Sustainability 13, no. 5 (March 5, 2021): 2831. http://dx.doi.org/10.3390/su13052831.
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As a feature of local cultural heritage, historical garden sites should not only focus on landscape sightseeing, but should also champion the sustainability of cultural heritage and promote the local community’s wellbeing. This article uses the landscape narrative method to explore how the local public, with both professional and non-professional backgrounds, manages the cultural heritage and enhances its sustainability. Qing Yan Yuan is a historical garden site in Huai’an, Jiangsu Province, China, and constitutes the research area of this study. This article firstly conducts in-depth interviews with local residents with non-professional backgrounds; then, it collects relevant information from professionals, such as introductions, comments, news, periodicals, etc.; finally, it adopts the content analysis method to decode, summarize and sort out accordingly. Through the analysis of landscape narrative data, this paper found that three cultural heritage value strategies are used by the public: (1) origin landscape narrative; (2) functional landscape narrative; (3) meaningful landscape narrative. The origin landscape narrative is the expression of a cultural heritage value of “past presentation”; the functional landscape narrative is a cultural heritage value of “place identity”; the meaningful landscape narrative shows a cultural heritage value of “future education”; all these together constitute the local public subjective conception of the sustainability of cultural heritage.
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Laforet, Andrea. "Good intentions and the public good." Ethnologies 36, no. 1-2 (October 12, 2016): 235–57. http://dx.doi.org/10.7202/1037608ar.
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For more than one hundred years Canada’s national museum of human history, called, successively, the National Museum of Canada, the National Museum of Man, the Canadian Museum of Civilization, and, most recently, the Canadian Museum of History, has documented and assembled a record of intangible cultural heritage relating to various cultural groups. Originally collected and currently preserved under legislative mandates resting on broad assumptions about the public interest, this material includes a substantial body of narrative, song and information relating to both past and contemporary cultural practice of societies indigenous to Canada. This paper explores the issues for concepts of nationhood, knowledge and the public interest raised by the contractual agreements, legislation on topics ranging from copyright to family law, treaty negotiations between Aboriginal people and the Government of Canada, and consultation concerning different cultural definitions of property and the sacred that affect day-to-day access to and use of Aboriginal intangible heritage in the museum. Finally, the paper explores potential issues for the continuation of this work raised by the museum’s narrowing of focus and mandate as it changes from the Canadian Museum of Civilization to the Canadian Museum of History.
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Utomo, Herry. "Diaspora, Cultural Heritage and Tourism." PROCEEDING INTERNATIONAL CONFERENCE ON ENGINEERING 1, no. 1 (November 28, 2020): 10–12. http://dx.doi.org/10.36728/icone.v1i1.1275.
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A new perspective on the importance of preserving cultural heritage across the world has recently been emphasized both culturally and economically to benefit human civilization going forward. One of the arms of the United Nation, UNESCO has ratified its significance through its member nations. While the benefits can be foreseen, it is certainly a challenging undertaking that requires high levels of creativity mostly out the box approaches. One obvious reason is that cultural conservation and promotion will only make sense if it is economically sound and sustains. Surakarta City, better known as Solo, is one of the centers of Javanese culture that is rich in history dated back to the ancient Javanese kingdoms. It is an attractive tourist’s destination. It has seventy historic buildings, monuments, and urban sites of cultural significance. They are arranged into six category areas or districts that are composed of traditional, colonial, and religious buildings, gates, memorials, bridges, parks, and open public spaces as listed in the Provincial Decree and are protected under Cultural Property Law. Its cultural heritage also includes important urban areas. Surakarta's physical appearance is well defined and is its tangible cultural heritage. While it is important, the wealth of knowledge and skills that are transmitted from one generation to the next play very crucial roles. Intangible cultural heritage includes oral traditions, performing arts, social practices, rituals, festive events, knowledge, and skills needed to create traditional arts and crafts. This intangible cultural heritage must be nurtured in the social and daily life of its people and interwoven into the mainstream of social groups and will determine the survival and success of cultural heritage succession.
This paper will discuss potential roles of diaspora in cultural heritage preservation, promotion, and tourism in Surakarta based on the unique characteristics of diaspora, their needs, interests, views, and economic capabilities. By understanding the nature of diaspora, their potentials can be channeled to promote and safeguard cultural heritage and empower citizens to be actively engage in sustainable economic activities. Interlocking between economic and intangible cultural heritage of Surakarta is a step forward to economic and cultural prosperity.
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Качмар, В. Я. "SOCIAL CONDITIONALITY OF CRIMINAL LIABILITY FOR CRIMINAL OFFENSES IN THE SPHERE OF PROTECTION OF CULTURAL VALUES." Juridical science, no. 1(103) (February 19, 2020): 50–56. http://dx.doi.org/10.32844/2222-5374-2020-103-1.07.
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The problem of criminal law protection of the cultural heritage of mankind is one of the most relevant in modern criminal law. Law enforcement practice has difficulties in qualifying the destruction or damage of cultural property. Most often, this is due to the definition of a set of crimes while encroaching on both religious feelings and cultural values. The urgency of solving this problem is growing due to the threat of destruction of cultural values due to man-made and natural disasters, as well as as a result of anthropogenic activities. These circumstances determine the relevance of the study of the problems of social conditionality of criminal liability for destruction or damage to cultural heritage sites, cultural values. The purpose of the article is to analyze the factors of social conditionality of criminal liability for criminal offenses in the field of protection of cultural values, the task of the article is to characterize the types of social harm as the basis of factors of social conditionality of these offenses. The article examines the factors of social conditioning of criminal liability for criminal offenses in the field of protection of cultural values, gives a characteristic of the types of social harm as the basis of the factors of social conditioning of these offenses. The article proves that the destruction or damage of cultural heritage objects, natural complexes, cultural values cause harm, is expressed not only in the direct loss of unique objects and objects that accumulate the centuries-old spirit of history, the foundations of material and spiritual culture, but also personify the absolute beauty and perfection of human talent and abilities, but also in the destruction of the very centuries-old spirit of the historical and cultural development of mankind, therefore, the harm from damage to this or that historical monument is necessarily reflected in all the above areas. It is concluded that the destruction or damage of cultural heritage sites are characterized by encroachment on public morality, which is expressed in the active influence of destruction or damage of cultural heritage sites included in the single state register of cultural heritage sites, identified cultural heritage sites , natural complexes, objects taken under state protection, or cultural values on cultural, historical, archeological, scientific bases of public life.
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JONES, CARYS E., and PAUL SLINN. "CULTURAL HERITAGE IN EIA — REFLECTIONS ON PRACTICE IN NORTH WEST EUROPE." Journal of Environmental Assessment Policy and Management 10, no. 03 (September 2008): 215–38. http://dx.doi.org/10.1142/s1464333208003056.
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North-West Europe has a rich cultural heritage which is increasingly prone to impacts from development activities. This paper reports the findings of the "Planarch" study funded by the European Regional Development Fund Interreg IIIB programme. Overall, whilst there are examples of good practice, cultural heritage has a relatively low profile in EIA in the countries studied. Nevertheless, cultural heritage is important and makes wider contributions to society beyond its intrinsic value. Therefore, the profile of cultural heritage needs to be raised both within the planning process and EIA, and also in the minds of decision-makers, other specialists and the wider public. Ten guiding principles provide a first step in promoting the assessment of cultural heritage in EIA, and also to build the consideration of cultural heritage into more strategic planning decisions through SEA.
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Pasaribu, Yosua Adrian. "KAMPANYE KESADARAN MASYARAKAT MENGENAI PELESTARIAN CAGAR BUDAYA BERDASARKAN UNDANGUNDANG NOMOR 11 TAHUN 2010." KALPATARU 27, no. 1 (June 16, 2018): 15. http://dx.doi.org/10.24832/kpt.v27i1.544.
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Abstract.Law Number 11 of 2010 Concerning Cultural Conservation commands people to register their object, building, structure, site, or area which have significant values for the history, science, education, religion, and/or culture to regency/municipal governments for feasibility study as cultural heritage. In order to implement the law, since 2013 the government has conducted socialization to 69% of local governments. However, the responds from regency/municipal governments in terms of organizing cultural heritage registration for public is relatively low. By the end of 2017, there have only been 13.5% of local governments with certified heritage experts and only 4% of local governments that have established cultural heritages. To date, there is none regency/municipal government that has organized cultural heritage registration for public. The purpose of this study is to find solution so that the central government can urge the regency/municipal governments to organize cultural heritage registration for public. This research used literature study to get data about the socialization that have been conducted previously. The literature study was also in form of theoretical review about public awareness campaigns principles and cultural heritage preservation. The result of this study is a recommendation for the central government to organize public awareness campaign about cultural conservation.Keywords: Cultural conservation, Public awareness campaign, Central government, Local governmentAbstrak.Undang-Undang Nomor 11 Tahun 2010 tentang Cagar Budaya mengamanatkan masyarakat untuk mendaftarkan benda, bangunan, struktur, situs atau kawasan mereka yang memiliki nilai penting bagi sejarah, ilmu pengetahuan, pendidikan, agama, dan/atau kebudayaan kepada pemerintah kabupaten/kota untuk ditetapkan atau tidak ditetapkan sebagai cagar budaya. Dalam rangka melaksanakan amanat tersebut, sejak tahun 2013 pemerintah telah menyosialisasikan pelestarian cagar budaya kepada 69% pemerintah daerah. Namun demikian, respon pemerintah kabupaten/kota untuk menyelenggarakan pendaftaran cagar budaya milik masyarakat masih relatif rendah. Hingga akhir tahun 2017, hanya terdapat 13.5% pemerintah daerah yang memiliki Tim Ahli Cagar Budaya bersertifikat dan 4% pemerintah daerah yang telah menetapkan cagar budaya. Hingga tulisan ini dibuat belum ada pemerintah kabupaten/kotayang menyelenggarakan pendaftaran koleksi/properti milik masyarakat untuk ditetapkan sebagai cagar budaya. Permasalahan kajian ini adalah bagaimana pemerintah pusat dapat mendorong pemerintah kabupaten/kota untuk menyelengarakan pendaftaran cagar budaya milik masyarakat. Kajian dalam artikel ini menggunakan kajian kepustakaan terhadap data sosialisasi pendaftaran cagar budaya yang pernah dilakukan oleh Pemerintah Pusat. Kajian kepustakaan juga berupa KALPATARU, Majalah Arkeologi Vol. 27 No. 1, Mei 2018 (15-30) 16 tinjauan teoretis mengenai prinsip-prinsip membangkitkan kesadaran masyarakat secara umum dan terhadap pelestarian cagar budaya secara khusus. Hasil kajian mengusulkan agar pemerintah Pusat menyelenggarakan Kampanye Pelestarian Cagar Budaya dengan menggunakan metode kampanye kesadaran masyarakat.Kata Kunci: Pelestarian Cagar Budaya, Kampanye Kesadaran Masyarakat, Pemerintah Pusat, dan Pemerintah Daerah
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Fonseca-Roa, Oscar Yesid. "Aproximación a la política pública de protección del patrimonio urbano en Colombia en clave del path dependence (1954-2019)." Revista Urbano 25, no. 46 (November 30, 2022): 68–77. http://dx.doi.org/10.22320/07183607.2022.25.46.06.
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Urban heritage is a category of cultural heritage. Historic centers are protected by a legal framework that safeguards the values that are the object of the declaration. The study of urban heritage protection policy in Colombia has been limited by the classical perspective. In contrast, this research performs a case study on conservation legislation and the historical centers declared in Colombia as Assets of Cultural Interest (BIC, in Spanish) between 1954 and 2019 from historical institutionalism. The methodology used is the Path Dependence Application Scheme (EAPD, in Spanish), which seeks to recognize the relationships between the variables, periods, and trajectory of the object of study; to demonstrate the hypothesis of this work, namely the emergence of urban heritage and protection mechanisms is due to the debilitation of the law and ideas of historical heritage. The preliminary conclusions outline five periods and emphasize the mutual dependence of urban heritage and protection policies, as well as the recent emergence of citizen participation, and the loss of flexibility and versatility of the legal framework with manifestations of irreversibility in the conservation of urban heritage.
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Levin, Daniel. "Federalists in the Attic: Original Intent, the Heritage Movement, and Democratic Theory." Law & Social Inquiry 29, no. 01 (2004): 105–26. http://dx.doi.org/10.1111/j.1747-4469.2004.tb00331.x.
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Although the United States is often criticized for its lack of historical consciousness, historicity provides a compelling rhetorical trump in constitutional argument, particularly according to advocates of original understanding jurisprudence or “originalism.” Originalism has also proven to be quite popular as a constitutional position, especially in public discourse outside academe and the courts. I argue that originalism's appeal derives from Americans' interest in heritage. Using the literature on public history, memory, and cultural studies to distinguish the cultural phenomenon of heritage from history proper, I argue that originalism, like heritage, offers the possibility of an immediate and authentic encounter with the past tied to a critique of modernism as both antidemocratic and inauthentic. Originalism portrays the federal period as a special moment of civic unity, whose virtues have been preserved by the larger public, but have been eroded among elites by modernity.
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Travaglia, Andrea A. "Participatory practices in natural and cultural heritage." Ex Novo: Journal of Archaeology 4 (December 31, 2019): 83–94. http://dx.doi.org/10.32028/exnovo.v4i0.372.
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Heritage planning in Europe, through the Valletta and Florence Conventions, constitutes a framework for cooperation whereby the public is encouraged to take an active part - an ongoing cultural practice that includes society. Within this paper, I focus on participatory practice as a reflective process of problem-solving in heritage via individuals working together as a community of practice and crowd-based approaches. The recent development of the Environment and Planning Act (Omgevingswet) in the Netherlands, which will legally frame the way municipalities and citizens interact with their environment, is used as a case study to show context-dependent risks associated with the democratic dialogue in heritage planning. Participatory planning is impossible without democratic participation, and there is a risk that the Omgevingswet will merely pay lip service to participatory practice. I analyse engagement with technology and the new law that is not yet operational - with its influence on citizen participation yet to form - that could either have negative consequences or potentially enhance the participatory governance process in the Dutch heritage sector. In conclusion, the medium (Omgevingswet online platform) is the message (integration of sustainable Dutch landscapes in national and regional environmental visions) for online participatory practice in a networked information economy.
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Hudiyanto, Reza, and Ismail Lutfi. "SOSIALISASI KONSEP MANAJEMEN SUMBERDAYA BUDAYA PADA MASYARAKAT DESA HUTAN SEBAGAI UPAYA PELESTARIAN KAWASAN CAGAR BUDAYA PENANGGUNGAN." Jurnal Praksis dan Dedikasi Sosial (JPDS) 4, no. 1 (April 30, 2021): 1. http://dx.doi.org/10.17977/um032v4i1p1-8.
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Cultural remain of the Hindu Buddhist period in Java from the 8th to 15th centuries AD representing cultural diversity in Indonesia. The existence of monuments is often being ignored by the local population for their minimal economic contribution. Practically, it caused a lot of damage to cultural heritage both caused by humans and nature. Therefore, the publishing of the Cultural Heritage Law and the management of cultural resources were carried out in villages located in the area closest to the Penanggungan Cultural Heritage Area. This activity was conducted by compelling most relevant information, drafting in easier grasping text, and selecting obtained feedback from the target group. Published material covers the history of the Penanggungan Temple Area, technical assistance and examples of cultural resource management in Trowulan. From this activity, it can be resumed that the public only have very tiny information about the opportunity offered by managing this the legacy of the Ancient Hindu State Majapahit. Both of these activities need to be followed byassistance and the formation of a main group. This main groups were driving force which has equipped with knowledge of social empowerment, a lot of material with regard to tourism on specific themes, environmental preservation and implementation of the mandate of the Law on Cultural Heritage. By knowing the important of temple, statue and monument in Penanggungan, it has proved increased their sense of preserving cultural heritage.
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Akhmedova, O. O. "PRESERVATION OF CULTURAL HERITAGE OF UKRAINE: PUBLIC ADMINISTRATION ASPECT." Dnipro Scientific Journal of Public Administration, Psychology, Law, no. 3 (2022): 26–30. http://dx.doi.org/10.51547/ppp.dp.ua/2022.3.4.
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Jelinčić, Daniela Angelina. "Indicators for Cultural and Creative Industries’ Impact Assessment on Cultural Heritage and Tourism." Sustainability 13, no. 14 (July 11, 2021): 7732. http://dx.doi.org/10.3390/su13147732.
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Cultural heritage is an important factor in ensuring regional development. Practice has demonstrated that first sustainability of heritage sites needs to be ensured and tourism they generate should also be re-visited as current over-tourism models are unsustainable. The assumption is that cultural/creative industries (CCI) can be a powerful tool for heritage livability as well as for sustainable tourism based on experiences. In order to stimulate regional development, specific CCI measures are often introduced in public policies but results of policy interventions are rarely monitored. Their performance can be measured against the pre-set indicators. Research studies focusing on such indicators are scarce. This short communication provides a possible conceptual framework alongside concrete indicators for cultural/creative industries’ sector impact assessment on cultural heritage and sustainable experiential tourism on the policy as well as on the project level. Desk research and brainstorming methods were applied to design the indicator sets resulting in a tool which is to be further tested and used in practice.
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Jiménez de Madariaga, Celeste, and Juan José García del Hoyo. "Public Funding of Research into Ethnological Activities in Andalusia (Spain): Boosting the Academic Career of Researchers." Scientific Annals of Economics and Business 68 (November 23, 2021): 1–33. http://dx.doi.org/10.47743/saeb-2021-0029.
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The advent of democracy in Spain and the establishment of the different autonomous communities marked the beginning of a process to transfer political, economic and other competences over Culture and Cultural Heritage. Following its creation in 1984, the Ministry of Culture of the Andalusian Autonomous Government incorporated a Directorate-General for Cultural Assets into its organisational structure and embarked on an ambitious programme of actions to support Andalusian historical heritage, including creation of a management structure, enactment of a specific heritage law and budget allocations for protection tasks. From the outset, a type of heritage little known until then emerged: ethnological heritage. Dynamic actions were also promoted to fund research into this area, including grants for ethnological activities, financing for publications and funding for ethnological symposiums. This paper analyses the different ethnological activities carried out and their funding, and assesses the extent to which this investment favoured the professional development of teaching staff in the field of Social Anthropology in Andalusia, specifying the marginal effects and differentiating them according to gender and university size using binary choice models (Logit).
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Ivanc, Tjaša, and Jose Caramelo Gomes. "Valuing Immovable Cultural Heritage as a Generator of Opportunities for the Revival of Local Identity." Lex localis - Journal of Local Self-Government 13, no. 3 (July 31, 2015): 719–40. http://dx.doi.org/10.4335/13.3.719-740(2015).
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Value is the core of heritage conservation; it is what justifies legal regulations for conserving built heritage and financial investments for its maintenance and suggests usefulness and benefits of the heritage as a resource for regional growth and sustainability. Classifying (by means of proclamation) immovable property as being a part of monumental heritage has been the central instrument of heritage protection law. The basis of protection is identifying the (object of) public interest, and this identification ex lege commences legal protection, i.e. conservation regimes are established on proclaimed immovable monuments. Even though values are widely understood to be critical to understanding for heritage conservation, there is but little knowledge on how the whole range of values may be assessed in the context of decision-making and establishing the significance of the built heritage in question. This paper seeks to examine the role of built heritage as property development and its impact on local identity. A critical review of financial management and the attitude of state and local government towards built heritage is also undertaken.
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Christiernsson, Anna, Mia Geijer, and Melina Malafry. "Legal Aspects on Cultural Values and Energy Efficiency in the Built Environment—A Sustainable Balance of Public Interests?" Heritage 4, no. 4 (October 15, 2021): 3507–22. http://dx.doi.org/10.3390/heritage4040194.
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Improved energy efficiency and increased use of renewables within the building stock is crucial to ensure the achievement of international and national climate goals, such as bringing about a carbon neutral society. The existing buildings needs to be retrofitted and heated by renewable energy sources. However, this may lead to conflicts with other sustainability goals, such as the preservation of cultural heritage values within the built environment. The design of the legal system can be assumed to have a decisive role in well-developed Rechtsstaats in how these conflicts are handled. One important criterion for the achievement of overall sustainability objectives is that the legal system as a whole is coherent and without deficits, loopholes, and conflicts contradicting goal fulfilment. Moreover, the norms must be effectively applied and complied with. This article presents and elaborates on deficits in the legal system and its application, in particular within the land use planning and building legislation and the heritage protection law, in handling the conflicts between reaching energy goals while preserving heritage values and achieving a sustainable development. The important deficits identified include the lack of legal requirements on the adoption of holistic approaches and the assurance of adequate knowledge in the planning and building processes. The analyses have been carried out through interdisciplinary cooperation within the research project Law, Sustainable Energy Use and Protection of Heritage (RECO), funded by the Swedish Energy Agency.
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Aznar, Mariano J. "The Contiguous Zone as an Archaeological Maritime Zone." International Journal of Marine and Coastal Law 29, no. 1 (March 19, 2014): 1–51. http://dx.doi.org/10.1163/15718085-12341305.
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Abstract The law of the sea, mainly codified in the UN Convention on the Law of the Sea (losc), does not properly address the protection of underwater cultural heritage. This is particularly evident for the contiguous zone, a maritime area where different public and private marine activities may be threatening that heritage. Articles 33 and 303(2) losc are counterproductive and may create a legal problem that the 2001 unesco Convention on the protection of underwater cultural heritage tries to solve and clarify. In addition to this Convention, State practice shows how coastal States have been expanding their rights over their contiguous zone by adding legislative powers to the limited enforcement powers allegedly endorsed in the losc. This article tries to demonstrate that general and consistent State practice over the last decades, both conventional and unilateral, has produced a change in the legal rules governing the coastal States’ archaeological rights over their contiguous zone, expanding them with no clear objection among States, which now consider the protection of underwater cultural heritage—a generally absent interest during the negotiation of the losc—indispensable to safeguard for future generations the fragile elements composing that heritage.
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Champion, Erik, and Hafizur Rahaman. "3D Digital Heritage Models as Sustainable Scholarly Resources." Sustainability 11, no. 8 (April 24, 2019): 2425. http://dx.doi.org/10.3390/su11082425.
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If virtual heritage is the application of virtual reality to cultural heritage, then one might assume that virtual heritage (and 3D digital heritage in general) successfully communicates the need to preserve the cultural significance of physical artefacts and intangible heritage. However, digital heritage models are seldom seen outside of conference presentations, one-off museum exhibitions, or digital reconstructions used in films and television programs. To understand why, we surveyed 1483 digital heritage papers published in 14 recent proceedings. Only 264 explicitly mentioned 3D models and related assets; 19 contained links, but none of these links worked. This is clearly not sustainable, neither for scholarly activity nor as a way to engage the public in heritage preservation. To encourage more sustainable research practices, 3D models must be actively promoted as scholarly resources. In this paper, we also recommend ways researchers could better sustain these 3D models and assets both as digital cultural artefacts and as tools to help the public explore the vital but often overlooked relationship between built heritage and the natural world.
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Singh, Bhavinee. "Monument Toppling: A Review of International Laws related to Cultural–Heritage Property and their Implications to Tourism." Nepalese Journal of Hospitality and Tourism Management 2, no. 1 (March 1, 2021): 42–60. http://dx.doi.org/10.3126/njhtm.v2i1.44394.
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Recent public conversations around cultural property law have exposed this area of international law to several gaps that exist in this field. Cultural property is key to tourism across the world and brings in the much-needed inflow of money in an economy due to its attraction. However, the entire premise of cultural property law is based on preservation and this common thread runs through almost all international legal instruments and most domestic legislations. In this paper, it is analysed through a careful perusal of the history of international cultural property law, if there is scope to introduce a limited right to destroy cultural – heritage property. This is explored through reading of international human rights law along with cultural property law to advance suggestions of rethinking and revamping this legal regime, as it has strong implications to tourism management. In the conclusion, the paper also explores how tourism management would also be reshaped if the international right to destroy oppressive imagery becomes a part of the discourse
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Torrieri, Francesca, Marina Fumo, Michele Sarnataro, and Gigliola Ausiello. "An Integrated Decision Support System for the Sustainable Reuse of the Former Monastery of “Ritiro del Carmine” in Campania Region." Sustainability 11, no. 19 (September 25, 2019): 5244. http://dx.doi.org/10.3390/su11195244.
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Nowadays, many public administrations have abandoned and underused heritage buildings due to a lack of public resources, although the effective contribution of cultural heritage as a driver and enabler of sustainable development is strongly recognized. Currently, investments in cultural heritage have multidimensional impacts (social, economic, historical, and cultural) and can contribute to increasing overall local productivity; improving the wellbeing of inhabitants; and attracting funding from the public, private, and private–social sectors. Lack of public resources has pushed local administrations to favor new forms of valorization of public property that can promote the “adaptive reuse” of historic buildings in order to preserve their social, historical, and cultural values. At the same time, administrations seek to stimulate the experimentation of new circular business, financing, and governance models in heritage conservation, creating synergies between multiple actors; reducing the use of resources; and regenerating values, knowledge, and capital. The objective of this paper is to propose an integrated evaluation model, based on multicriteria analysis, and a financial model to support the choice of an alternative reuse of an ancient monastery in the municipality of Mugnano in the Campania region in order to define a “shared strategy” based on a “bottom-up” approach. This starts from the needs of the local community but does not neglect the historical and cultural values of the heritage building, as well as the economic and financial feasibility. The positive results obtained show that the model proposed can be a useful decision support tool in environments characterized by high complexity such as cultural heritage sites, where the objective is to precisely highlight the elements that influence the dynamics of choice for building shared bottom-up development strategies.
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Wallace, Andrea, and Ellen Euler. "Revisiting Access to Cultural Heritage in the Public Domain: EU and International Developments." IIC - International Review of Intellectual Property and Competition Law 51, no. 7 (July 28, 2020): 823–55. http://dx.doi.org/10.1007/s40319-020-00961-8.
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Giguère, Hélène. "Cultural rights and “Masterpieces” of Local and Translocal Actors." Ethnologies 36, no. 1-2 (October 12, 2016): 297–324. http://dx.doi.org/10.7202/1037611ar.
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This paper deals with European experiences of inscription of traditional cultural practices on UNESCO’s Representative List of Intangible Cultural Heritage (ICH). It will first establish the institutional context of the UNESCO’s listing within the framework of reflections on cultural rights. Then, the author briefly presents four European masterpieces in the Mediterranean area. A comparative analysis follows which specifically focuses on the multiplication of practitioners and on translocality; on the overlapping between institutions and artisans; on the use of intangible cultural heritage as a driver for local development via cultural tourism; and on the multimedia “museification” of the intangible. The comparative study of the listing of these intangible cultural heritage traditions also questions the value of customary law versus freedom of expression and creation. It reveals the tensions between the “purity” and “impurity” of cultural practices and social agents, as well as exclusions related to ethnicity, sex or territory. These tensions create new social divisions and remodel the link people have with cultural practices. An examination of gender sheds light on the marginality of women in public space.
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KANG, Myung-hee. "A Study on the Improvement of Cultural Heritage Enjoyment Right of the Disabled under Public Law." Ewha Law Journal 26, no. 4 (June 30, 2022): 47–78. http://dx.doi.org/10.32632/elj.2022.26.4.47.
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Krimmer, Maren. "Soviet War Memorials in Poland – An International Legal Analysis." osteuropa recht 65, no. 4 (2019): 422–38. http://dx.doi.org/10.5771/0030-6444-2019-4-422.
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Cultural property recently came to the public attention during the debate on monuments and memorials in Poland following the “de-communization law” enacted in 2016. The “Law on the Prohibition of Propaganda of Communist or Other Totalitarian Regimes through Naming Buildings, Objects and Public Utility Installations, dated 1 April 2016” implies banning communist propaganda or other totalitarian regimes and mostly concerns Soviet monuments and memorials erected in Poland after the Second World War by the USSR. This law not only concerns the protection of cultural heritage, but there is also an existing Polish-Russian bilateral agreement listing certain objects as cultural property. This article analyses the interpretation of the bilateral treaty between Russia and Poland concerning the protection of cultural property, and further examines whether or not Poland’s actions conform with the 1992 Polish- Russian treaty. Furthermore, this article sheds light on the 1970 UNESCO Convention and thus the current status of the customary international law in regard to the destruction of cultural property.
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Bottero, Marta, Chiara D’Alpaos, and Alessia Marello. "An Application of the A’WOT Analysis for the Management of Cultural Heritage Assets: The Case of the Historical Farmhouses in the Aglié Castle (Turin)." Sustainability 12, no. 3 (February 3, 2020): 1071. http://dx.doi.org/10.3390/su12031071.
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In recent years, governments, public institutions, and local communities have devoted growing attention to the identification of promising strategies for the preservation and valorization of cultural heritage assets. Decisions on the management of cultural heritage assets based on multiple, often conflicting, criteria and on the stakes of various, and potentially non-consensual actors and stakeholders. In this context, in which the trade-offs between the preservation of assets historical symbolic values and the adaptation to alternative and economically profitable uses play a key role in investment decisions, multi-criteria analyses provide robust theoretical and methodological frameworks to support decision-makers in the design and implementation of adaptive reuse strategies for cultural heritage and public real estate assets. In this paper, we provide a multi-criteria decision aiding approach for ranking valorization strategies of cultural heritage assets aimed at promoting their restoration and conservation, as well as at creating cultural and economic benefits. In detail, we present a novel application of the A’WOT analysis to support the design and implementation of alternative management strategies of abandoned cultural heritage assets. The paper focuses on the potential reuse and management of four historical farmhouses (Cascina Mandria, Cascina Lavanderia, Cascina Gozzani, and Cascina Ortovalle) located in the Agliè Castle estate, one of the Residences of the Royal House of Savoy, currently listed in the UNESCO World Heritage Sites.
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Hernández-Lamas, Patricia, Beatriz Cabau-Anchuelo, Óscar de Castro-Cuartero, and Jorge Bernabéu-Larena. "Mobile Applications, Geolocation and Information Technologies for the Study and Communication of the Heritage Value of Public Works." Sustainability 13, no. 4 (February 15, 2021): 2083. http://dx.doi.org/10.3390/su13042083.
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Public works’ relationship with the landscape should be among the factors addressed in heritage studies. Their association with place defines their purpose while contributing to the construction of the cultural landscape. Unawareness of the existence of public works is their most powerful enemy. Inventorying and cataloguing are therefore imperative in any study of these assets. The research described here drew from information technologies to develop cost-free mobile apps in an innovative approach to dissemination with the aim to enhance public awareness of and esteem for such elements. The applications described, which are all author-developed and designed to promote Spain’s heritage public works, address the heritage value of rural public works (VAPROP_Rutas), geolocation of the built heritage (GEOPACK), heritage public works on the River Duero (PHDuero), major works of engineering (GOING) and geolocation of Eduardo Torroja’s public works (underway). All these applications build on the geo-positioning features of mobile handsets and are characterised by simple and intuitive interfaces for ready accessibility by the public at large. Users may participate in the experience by entering useful information, new content and suggestions. These apps deploy the latest technologies to enhance the understanding and appreciation of civil works by explaining their territorial, social and cultural significance.
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Rossitti, Marco, Alessandra Oppio, and Francesca Torrieri. "The Financial Sustainability of Cultural Heritage Reuse Projects: An Integrated Approach for the Historical Rural Landscape." Sustainability 13, no. 23 (November 26, 2021): 13130. http://dx.doi.org/10.3390/su132313130.
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In the last decades, the growing concern about land consumption, together with the awareness about cultural heritage’s key role for sustainable development, has led to greater attention to cultural property reuse as a conscious process of new values production. However, decisions about heritage bring a high degree of complexity, related to the need to preserve properties’ values and fulfill protection legislation, thus bringing high cost, which discourages public and private investments for reuse interventions. In this context, it becomes urgent to support reuse decisions through proper evaluation methodologies that, dealing with the complexity of interests at stake, allow individuals to assess the financial sustainability of conscious cultural heritage reuse projects. For these reasons, the paper proposes a methodological framework that, grounded on the recognition of cultural properties’ values and their possible integration in the local economic system, assesses reuse projects’ financial sustainability. This methodology’s application is discussed through a case study, represented by a project for a historical rural landscape in Pantelleria island. The application to the case study allows us to discuss the role of the proposed evaluation framework in supporting and promoting cultural heritage reuse and its possible room for improvement.
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Nayak, Bibhu Kalyan, Sunanda Kapoor, Harveen Bhandari, and Neha Saxena. "Conflicting Overlaps Between the Public and Private Realms Within the Heritage Precincts in India." ECS Transactions 107, no. 1 (April 24, 2022): 8721–26. http://dx.doi.org/10.1149/10701.8721ecst.
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Significant changes in the architectural character of traditional buildings have led to various issues of difference in imageability. Thus there is difficulty in identifying the specific characteristic of heritage values of the past context. Lack of appropriate guidelines and poor awareness of the importance of heritage among property owners and authorities has led to unplanned development/growth, spoiling the overall ambience of the place. The socio-legal perspective is also a very crucial aspect that researchers often study in isolation. However, the contextual interpretation of the law often defines and defends socio-cultural boundaries. Hence, understating legal viewpoints in such a situation can aid in the informed decision-making process.
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Kozień, Adam. "The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union." Sustainability 13, no. 7 (April 2, 2021): 3985. http://dx.doi.org/10.3390/su13073985.
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The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.
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Pagano, Andrea Jonathan, Francesco Romagnoli, and Emanuele Vannucci. "COVID-19 Effects on Cultural Heritage: The Case of Villa Adriana and Villa D’Este." Environmental and Climate Technologies 25, no. 1 (January 1, 2021): 1241–52. http://dx.doi.org/10.2478/rtuect-2021-0094.
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Abstract The paper aims to provide a clarification of assessing insurance risk related to an asset owned by a subject under public law and, more specifically, to an economic cultural asset. This study is aligned with key aspects proposed by the EU for the protection of the cultural heritage from natural disasters. In the first place, given the peculiarity of the material inherent to cultural heritage, a motivation underlies the search for the correlation between the latter and the commonality. Secondly, it appeared necessary to verify the differences, similarities and importance of the economic management of cultural heritage in order to understand the social, economic, material and intangible importance of an asset managed in an economic way within a social axis (municipality). The third reason relates to the general severity and the risk and subsequent damage that a hazard, such as a pandemic outbreak (COVID-19), can cause on one or more cultural heritage. In the final analysis, perhaps the most meaningful aspect underlies the verification of the possible consequences in the analysis of summations of losses generated by a hazard in order to allow a prospect of what could be the consequences of such a catastrophic scenario.
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Đukanović, Zoran, Jelena Živković, Uroš Radosavljević, Ksenija Lalović, and Predrag Jovanović. "Participatory Urban Design for Touristic Presentation of Cultural Heritage Sites: The Case of Negotinske Pivnice (Wine Cellars) in Serbia." Sustainability 13, no. 18 (September 8, 2021): 10039. http://dx.doi.org/10.3390/su131810039.
Full textAbstract:
The growing perception of heritage as a public commodity encourages rural communities to recognize their natural and cultural heritage as a potential for tourism development. This creates the need for an appropriate presentation of heritage sites that ensures that their cultural and natural assets are appreciated and protected. “Negotinske pivnice” are cultural heritage sites in Serbia, nominated for the UNESCO World Heritage List. They are architectural complexes of wine cellars in rural region with a long tradition in wine production and industry and are unique in terms of their settlement structure. This emphasizes the spatial dimension of their interpretation and presentation, and highlights the importance of urban design for their sustainable use for tourism. Based on understanding urban design both as a process and a product, and cultural heritage site as a place, we argue that participatory urban design contributes to appropriate heritage presentation by widening design knowledge base to include local communities’ lay knowledge. Following the case study methodology, we explored the relationships between participatory process, the knowledge gained, and urban design solutions for presentation of cultural heritage sites as living places in “Wine Cellars of Negotin Participatory Urban Design” project. The research reveals that the wider knowledge base affects urban design at both strategic and project levels and sets the grounds for diverse presentation forms through which harmonization of heritage protection and touristic presentation is possible.
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Waldhaeusl, P., H. Koenig, and R. Mansberger. "Boundaries and Boundary Marks - Substantive Cultural Heritage of Extensive Importance." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences II-5/W3 (August 12, 2015): 329–34. http://dx.doi.org/10.5194/isprsannals-ii-5-w3-329-2015.
Full textAbstract:
The Austrian Society for surveying and Geoinformation (ASG) has proposed to submit "Boundaries and Boundary Marks” for the UNESCO World Heritage title. It was time that boundaries, borders and limits of all types as well as ownership rights would find the proper attention in the global public. Landmarks symbolize the real property and the associated rights and obligations, in a figurative sense, the property generally and all legal limits. A democratic state of law is impossible at today's population density without a functioning land administration system with surveying and jurisdiction. As monumental World Heritage representatives of the geodetic artwork “Boundaries and Boundary Marks” are specifically proposed: remaining monuments of the original cadastral geodetic network, the first pan-Austrian surveying headquarters in Vienna, and a specific selection of outstanding boundary monuments. Landmarks are monuments to the boundaries which separate rights and obligations, but also connect the neighbors peacefully after written agreement. “And cursed be he who does not respect the boundaries” you wrote already 3000 years ago. Boundaries and Boundary Marks are a real thing; they all belong to the tangible or material heritage of human history. In this context also the intangible heritage is discussed. This refers to oral tradition and expressions, performing arts; social practices, rituals and festive events; as well as to knowledge and practices handling nature and the universe. “Boundaries and Boundary Marks” do not belong to it, but clearly to the material cultural world heritage. “Boundary and Boundary Marks” is proposed to be listed according to the criteria (ii),(iv),(vi).