The fundamental aims of cultural property law

1998 ◽  
Vol 7 (2) ◽  
pp. 376-394 ◽  
Author(s):  
FG Fechner
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Cultural Property ◽  
Property Law ◽  
National Interests ◽  
Public International Law ◽  
Cultural Objects ◽  
Cultural Object ◽  
The Law ◽  
International Conventions

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.

Intersections in Public International Law for Protecting Cultural Heritage LawPast, Present, and Future

2020 ◽  
pp. 1-14
Author(s):  
Anne-Marie Carstens ◽  
Elizabeth Varner
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Criminal Law ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Public International Law ◽  
Law Of Armed Conflict ◽  
The Law

In this introductory chapter, the volume editors observe that despite the increasing recognition of international cultural heritage law as an emerging field, this body of law is comprised largely of a collection of rules developed at and within different intersections in public international law. The chapter outlines how rules for protecting tangible and intangible cultural heritage developed, for example, in the law of armed conflict, international criminal law, international human rights law, and the law of the sea, as well as how States, international organizations, international tribunals, and other actors have contributed to this development. The chapter argues that as a result of this evolutionary background, the scope of international law governing the recognition, protection, or return of cultural heritage law can be illuminated by studying cultural heritage regimes within the context of the intersections in which they have developed.

scholarly journals Handel med stjålen kulturarv: UNESCO’s kulturkonventioner og Danmarks muligheder

1970 ◽  
pp. 121
Author(s):  
Vinnie Nørskov
Keyword(s):  
South America ◽  
Positive Result ◽  
Cultural Heritage ◽  
Cultural Property ◽  
Cultural Objects ◽  
The Public ◽  
Public Meeting ◽  
Auction Houses ◽  
International Conventions

During the Summer of 2006, the Danish press investigated the Danish auction houses and museums in order to test whether objects knowingly smuggled out of their countries of origin were bought and sold in Denmark. This has raised the question whether Danish legislation is adequate in relation to protecting the world’s cultural heritage, and led to the organisation of the public meeting in March 2007 to discuss the issue. The invited speakers touched on subjects that included the destruction of Iraq’s cultural heritage, the lack of legal tools for returning objects illegally exported from South America, experience with ratification of the international conventions in Norway and the Netherlands, and questions about the role of both the auction business and the museums in trading in stolen cultural property. As a very positive result of the meeting, the Danish Minister of Culture announced that Denmark will work on ratifying the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. 

scholarly journals PROTECTING THE SEAS AND OCEANS OF THE WORLD BY MEANS OF SANCTIONS AND OTHER MEASURES OF PUBLIC INTERNATIONAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Daniel-Ştefan Paraschiv
Keyword(s):  
International Law ◽  
Public International Law ◽  
Psychotropic Substances ◽  
The World ◽  
International Laws ◽  
International Conventions ◽  
Illicit Traffic ◽  
High Seas

AbstractThe maritime zones recognized under international laws – are formed from the highseas, with the riches at the bottom of the oceans and seas from this perimeter – which isregulated by international conventions, whose infringement may lead to the application ofsanctions in conformity with the dispositions stipulated, or, in the lack of such dispositions, totaking other measures, such as repression or retaliation, which are considered, in the publicinternational law, as being general sanctions included in the category of countermeasures.At high seas serious acts of a criminal character are also committed, such as: piracy,illicit traffic of narcotics and psychotropic substances, etc., thus all states must cooperate inview of repressing these acts and sanctioning the culprits.

scholarly journals THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A BRANCH OF THE PUBLIC INTERNATIONAL LAW

2014 ◽  
Vol 8 (1) ◽  
pp. 122-126
Author(s):  
Daniel Ştefan Paraschiv ◽  
Elena Paraschiv
Keyword(s):  
International Relations ◽  
International Law ◽  
Human Values ◽  
Public International Law ◽  
The Public ◽  
Peace And Security ◽  
The Law

From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.

International Cultural Heritage Regimes, International Law, and the Politics of Expertise

2013 ◽  
Vol 20 (4) ◽  
pp. 407-429 ◽  
Author(s):  
Lucas Lixinski
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Heritage Management ◽  
Cultural Heritage Management ◽  
Legal Rules ◽  
Heritage Discourse ◽  
International Conventions

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.

Some Contributions from and Influence of the Italian Doctrine of International Law

2020 ◽  
pp. 433-467
Author(s):  
Giovanni Distefano ◽  
Robert Kolb
Keyword(s):  
International Law ◽  
State Responsibility ◽  
Test Case ◽  
Public International Law ◽  
Legal Scholarship ◽  
Italian School ◽  
German School ◽  
Legal Thinking ◽  
The Law ◽  
The Many

This chapter deals with the contribution of Italian scholarship to public international law. Its approach is two-fold. First, adopting an “external” perspective, the contribution of Italian scholars to the highly esteemed series of Hague Courses of the famous eponymous Academy may shed some light on what the Italian conception brought to international legal scholarship but also on how Italian scholars were perceived by their foreign brethren, and in what context they were quoted. Second, selecting a specific issue, the chapter focuses on the influence of Italian legal thinking on the shaping of doctrines of State responsibility. Among all the many areas of international law, this is one where the Italian school is constantly viewed as pioneering (together with the German school). For example, the writings of Anzilotti or Cavaglieri are often quoted as astonishingly modern exposés of that branch of the law, providing thus a test-case to verify the contribution and influence of the Italian doctrine of international law.

18. The law of the sea

2019 ◽  
pp. 468-493
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Basic Concept ◽  
Law Of The Sea ◽  
Economic Resource ◽  
Public International Law ◽  
The World ◽  
The Law ◽  
Bodies Of Water ◽  
High Seas

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.

Part V Regional Approaches, Ch.35 Asia

2020 ◽  
Author(s):  
Lee Keun-Gwan
Keyword(s):  
National Identity ◽  
Cultural Heritage ◽  
East Asia ◽  
Public Awareness ◽  
South East Asia ◽  
Underwater Cultural Heritage ◽  
Cultural Objects ◽  
Socioeconomic Transformation ◽  
International Conventions ◽  
Protection Of Cultural Heritage

This chapter explores the protection of cultural heritage in Asia. Rapid socioeconomic transformation in East Asia and South East Asia has posed a serious challenge to the cultural heritage of the sub-regions. The substantial damage and destruction inflicted on the cultural heritage, coupled with the growth of public awareness on its importance for national identity, prompted the governments in the region to take action, in particular through promulgation of the laws and regulations for the protection of cultural heritage. In so doing, the meaning of cultural heritage has generally expanded beyond the traditional, tangible cultural objects into intangible and underwater cultural heritage. A series of international conventions for the protection of cultural heritage, adopted under the auspices of UNESCO, has undoubtedly provided much impetus. Also, the question of return or repatriation of cultural objects to their countries of origin looms increasingly large in Asia.

Book III Privileges and Immunities, 13 Privileges and Immunities of Diplomatic Missions

2016 ◽  
Author(s):  
Foakes Joanne ◽  
Denza Eileen
Keyword(s):  
International Law ◽  
Public International Law ◽  
Freedom Of Movement ◽  
Law Of Nations ◽  
The Law ◽  
Special Protection

This chapter provides an overview of diplomatic privileges and immunities. Two fundamental rules of diplomatic law—that the person of the ambassador is inviolable and that a special protection must be given to the messages which are sent to and received from the ambassador’s sovereign—have been recognized from time immemorial among civilized States. The law of nations—now known as public international law—required States which accepted foreign diplomats to guarantee rights necessary to enable them to exercise their functions, including independence from local jurisdiction. It was important that ambassadors should not be afraid of traps or distracted by legal trickery. As such, the chapter discusses several areas where these privileges and immunities occur: the premises of the mission, the diplomatic asylum, the exemption of mission premises from taxation, the inviolability of mission archives, freedom of communications, the diplomatic bag, and freedom of movement.

The Oxford Handbook of International Law in Armed Conflict

2014 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Forced Migration ◽  
Armed Forces ◽  
Cultural Property ◽  
Historical Background ◽  
The Law ◽  
The Right

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.

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