Part V Regional Approaches, Ch.37 Central and South America

2020 ◽  
Author(s):  
Lixinski Lucas
Keyword(s):  
South America ◽  
Cultural Heritage ◽  
International Law ◽  
Specific Area ◽  
South American ◽  
Main Approach ◽  
Pan American ◽  
European Colonialism ◽  
Rule Making ◽  
Protection Of Cultural Heritage

This chapter discusses the protection of cultural heritage in Central and South America. The key defining features of Central and South American regional efforts in the field of heritage are the use of heritage as a tool for development and the connection between heritage and indigeneity. With respect to development, the main approach is policy-driven, explained both by the nature of the objective (economic) and by the fact that most organizations engaging in this area have reduced mandates for rule-making with respect to heritage. With indigeneity, rule-making is stronger, engaging a proud tradition of international lawmaking in the region, which started as part of a Pan-American reliance on the rules of international law to shield Central and South American nations from European colonialism and US neo-colonialism. In the specific area of heritage, there is certainly a conversation between the regional and the global that needs to be accounted for.

scholarly journals The protection of cultural heritage: common heritage of humankind, national cultural ‘patrimony’ or private property?

2020 ◽  
Vol 64 (3) ◽  
pp. 351-364
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
International Law ◽  
Private Property ◽  
Community Identity ◽  
Cultural Patrimony ◽  
Postcolonial Discourse ◽  
The Relationship ◽  
Property Regime ◽  
Protection Of Cultural Heritage

Starting from an argument about the relationship between cultural heritage and national and/or community identity, this article considers the different ways in which both the international law regime for the protection of cultural heritage and the international intellectual property regime tend to appropriate cultural heritage. The article argues that, in the postcolonial context, both these forms of appropriation continue to interfere with the demands for justice and for the recognition of historical wrongs made both by indigenous peoples and by many developing countries. At the same time, the article suggests that these claims are undermined by the misappropriation of the postcolonial discourse with respect to restitution of cultural heritage, particularly in the intra-European context. The article advocates the need for a regime for the protection of cultural heritage that is strong enough to resist its private appropriation through the use of intellectual property rights and nuanced enough to recognise significant differences in the political context of local and national claims to cultural heritage.

Part II Substantive Aspects, Ch.4 Intentional Destruction of Cultural Heritage

2020 ◽  
Author(s):  
Lenzerini Federico
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
International Community ◽  
Cultural Groups ◽  
Special Significance ◽  
Customary International Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Cultural Heritage

This chapter focuses on the practice of deliberate destruction of cultural heritage, which has represented a plague accompanying humanity throughout all phases of its history and has involved many different human communities either as perpetrators or victims. In most instances of deliberate destruction of cultural heritage, the target of perpetrators is not the heritage in itself but, rather, the communities and persons for whom the heritage is of special significance. This reveals a clear discriminatory and persecutory intent against the targeted cultural groups, or even against the international community as a whole. As such, intentional destruction of cultural heritage, in addition of being qualified as a war crime, is actually to be considered as a crime against humanity. Furthermore, it also produces notable implications in terms of human rights protection. Protection of cultural heritage against destruction is today a moral and legal imperative representing one of the priorities of the international community. In this respect, two rules of customary international law exist prohibiting intentional destruction of cultural heritage in time of war and in peacetime.

Intersections in International Cultural Heritage Law

2020 ◽  
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
International Criminal Law ◽  
Public International Law ◽  
Transnational Organized Crime ◽  
Law Of Armed Conflict ◽  
World Cultural Heritage ◽  
United Nations System ◽  
The Relationship ◽  
Protection Of Cultural Heritage

The recent threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This volume reflects that this is not a discrete and contained body of law, but rather a diverse one whose components are drawn from—and often developed and contained within—public international law. These ‘intersections’ have formed in two ways: when public international law has been used to provide greater protection for cultural heritage; and when concern for cultural heritage protection or codification of rules within cultural heritage-centric instruments have helped fuel developments within other areas of public international law. In this volume, scholars and practitioners explore some of the primary points of intersection where international cultural heritage law and public international law converge. The contributions are organized according to five major ‘intersections’: (1) the Law of Armed Conflict and the Protection of Cultural Heritage; (2) Cultural Heritage-Based Offenses in International Criminal Law and in Laws for Combatting Transnational Organized Crime; (3) the United Nations System and the Protection of Cultural Heritage; (4) Special Legal Regimes for the World Cultural Heritage and Underwater Cultural Heritage; and (5) Intersections of International, National, and Community Interests in Cultural Heritage. The result is a diverse and cohesive collection that explores these intersections and examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.

The Cultural Heritage Law Committee of the International Law Association: Special Session, June 8, 2009, Geneva, Switzerland

2009 ◽  
Vol 16 (4) ◽  
pp. 415-416
Author(s):  
Robert K. Paterson ◽  
James A. R. Nafziger
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
International Law ◽  
Rio De Janeiro ◽  
Special Session ◽  
Export Controls ◽  
Trade Law ◽  
International Trade Law ◽  
The Relationship ◽  
Protection Of Cultural Heritage

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

Cultural Heritage Protection in Islamic Tradition

2020 ◽  
Vol 27 (3) ◽  
pp. 291-322
Author(s):  
Fatimah Alshehaby
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
Common Ground ◽  
Islamic Tradition ◽  
Right To Development ◽  
Crucial Component ◽  
Heritage Protection ◽  
The Right ◽  
Protection Of Cultural Heritage

AbstractCultural heritage is a crucial component that plays a fundamental role in defining an individual’s identity and advancing the protection of his or her human rights. Reinforcing cultural distinctions and human differences are significant and therefore recognized in Islam. This article enhances the understanding of an Islamic approach to cultural heritage and human rights through the lens offered by three examples: the right to education, freedom of religion, and the right to development. The discussion of the protection of cultural heritage in Islam is essential because Islam is one of the legal sources in many Muslim states, and, therefore, the examination of its intersection with international law could enhance the protection of cultural heritage and promote human rights in the Islamic world. The article develops principles of cultural heritage protection that are in conformity with international law. These principles are the promising common ground for the possibility of universal cultural heritage policy. Despite the fact that there is no clear reference to the notion of cultural heritage in Islamic teaching, this article shows that principles of the protection of cultural heritage are established.

Part III General International Law, Ch.25 Cultural Heritage and State Succession

2020 ◽  
Author(s):  
Jakubowski Andrzej
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Cultural Property ◽  
Theory And Practice ◽  
Customary International Law ◽  
International Responsibility ◽  
State Succession ◽  
State Archives ◽  
The Relationship ◽  
Protection Of Cultural Heritage

This chapter describes the relationship between the evolving international law regime for the protection of cultural heritage and the theory and practice of State succession. State succession in respect of cultural heritage has usually been associated with the allocation and division of movable cultural treasures following territorial transfers. Hence, much of the doctrinal effort has focused on the principles and criteria governing the passing of State cultural property and attempted to respond to the topical question of to whom cultural property belongs. The chapter then looks at the codified sources of the law on State succession. It also examines the consequences of State succession relating to distinct pre-existing legal situations: State archives and property; international cultural heritage obligations arising from treaties and customary international law; and international responsibility for cultural heritage wrongs committed prior to the date of succession.

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