Handbook on the Law of Cultural Heritage and International Trade edited by James Nafziger and Robert Paterson [Edward Elgar Publishing, 2014, 650pp, ISBN 978-1-78100-733-4, £180.00, (h/bk)]

2015 ◽  
Vol 64 (3) ◽  
pp. 735-737
Author(s):  
Patrizia Vigni
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
The Law ◽  
Edward Elgar

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

Permanent Plan of the Safeguards Sectors in Algeria (PPMVSS): The Case of Algiers Old Urban Nucleus

2010 ◽  
Vol 133-134 ◽  
pp. 1165-1169
Author(s):  
Amina Abdessemed-Foufa ◽  
Abdelwahab Zekagh ◽  
Houria Merouani
Keyword(s):  
Cultural Heritage ◽  
Natural Disaster ◽  
World Heritage ◽  
Urban Research ◽  
In Situ Investigation ◽  
World Cultural Heritage ◽  
The Law ◽  
The Impact ◽  
Emergency Measures

In Algeria, several old urban nuclei are decayed or severely damaged. Numerous are the factors related to these damages: the age of constructions (many centuries), the bad or absence of maintenance, the natural disaster (earthquake, landslide, and floods) and sometimes the abandonment. Since 2003, the law 98-03 related to the preservation of cultural heritage and its application decree was implemented. In fact the first safeguard sector plan in Algeria was applied to the Casbah of Algiers which is classified as a World Heritage. This old urban nucleus presents an important decay. The different problems related to its aspect are principally the age of constructions; some of them date from the 10th century and the majority of the 16th; the absence of maintenance and recently in 2003 the impact of the earthquake. The project is still under investigation and is established by the CNERU Group (National Center in Urban Research and Studies). Furthermore the work on these areas was done under constraints. The Casbah of Algiers is a World Cultural Heritage, what induced us the installation of emergency measures (propping up), then in parallel an in situ investigation in order to determine the vulnerability of constructions was done (minor and major inheritance, houses and buildings) in order to elaborate the manual of rehabilitation and the safeguard plan and its regulation. This paper presents the adopted methodologies in this area and the different actions as the emergency measures, the constructions propping up and the manual of rehabilitation.

scholarly journals Legal support of the cultural heritage protection in the Ukrainian SSR (second half of the 1950s – end of the 1980s)

2020 ◽  
pp. 19-28
Author(s):  
T. V. Mazur
Keyword(s):  
Soviet Union ◽  
Cultural Heritage ◽  
Rapid Development ◽  
Legal Regulation ◽  
Russian Language ◽  
Special Aspect ◽  
Heritage Sites ◽  
Heritage Protection ◽  
The Law ◽  
The 1950S

The research covers the development of the legislation of the Ukrainian SSR cultural heritage protection problems. The rapid development of sectoral legislation in the second half of the twentieth century was driven by the need of preservation of cultural heritage sites, damaged during the Second World War, or affected by the improper use by various institutions and organizations.The purpose of the article is to analyze the specifics of legal regulation of cultural heritage protection in the Ukrainian SSR in the second half of the 1950 s – the end of the 1980 s.Scientific novelty. The analysis of the legislative acts of the Verkhovna Rada of the USSR and the Council of Ministers of the USSR, as well as by-laws of the Ministry of Culture of the USSR revealed the specifics of the legal regulation of cultural heritage protection in the Ukrainian SSR in the second half of the 1950 s – late 1980s, which consisted of application of separate national legal terminology. The main directions of legal regulation of cultural heritage protection during the period under review are singled out.Conclusions. Soviet legislation on the protection of cultural heritage, as any sectoral legislation, was unified, and the republican special-purpose laws duplicated Union norms. The legislation of the Ukrainian SSR of the 1950s – 1980s concerning the cultural heritage protection was developed in accordance with the Union legislation, as well as the decrees and orders of the USSR Government. At the same time, both federal and republican legislation had basic international rules, including the provisions of the 1972 Convention concerning the Protection of World Cultural and Natural Heritage, signed by the Soviet Union. The special aspect of the the Ukrainian SSR legislation was the consideration of some national traditions, including terminological ones. This could be noticed in the name of the Law of the Ukrainian SSR from July 13, 1978 «On the Protection and Use of Monuments of History and Culture», in which instead of the term «памятник» (monument) in the Russian language and the law, the term «monument» was introduced more wide term «пямятка» (site). In general, due to the consistent policy on conservation and extensive legislation, we have been able to preserve the destruction of monuments that remind the thousand-year history and culture of Ukraine.

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