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.

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 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.

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.

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.

International Law

2019 ◽  
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Public International Law ◽  
Refugee Law ◽  
International Economic Law ◽  
Law Of Armed Conflict ◽  
The Subject ◽  
The Law ◽  
Contemporary Account

International Law presents a comprehensive approach to the subject, providing a contemporary account of international law. The text offers critical and stimulating coverage of the central issues in public international law, introducing the key areas of debate. It encourages readers to engage with areas of legal debate and controversy and consider how they affect the world today. Topics covered include: the structure of international law; the subjects within the field of international law; international law in operation; international disputes and responses to breaches in international law; and specialized regimes, which includes the law of armed conflict, refugee law, international criminal law, the law of the sea, the environment and protection, and international economic law.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

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