The Role of UNESCO in the Elaboration and Implementation of International Art, Cultural Property, and Heritage Law

2020 ◽  
pp. 183-201
Author(s):  
Guido Carducci
Keyword(s):  
International Law ◽  
Cultural Property ◽  
Member States ◽  
Final Version ◽  
Simple Matter ◽  
Preparatory Work

This chapter analyzes the role of UNESCO in the elaboration and implementation of its international law instruments (conventions, recommendations, declarations) concerning artifacts, cultural property, and heritage. The elaboration of such instruments is not a simple matter. It requires, first, a clear decision from the majority of Member States that such elaboration is desirable; second, significant preparatory work from the UNESCO’s Secretariat to submit a first draft; third and throughout the elaboration of the instrument, negotiation of each of the draft text’s provisions among the numerous Member States’ legal and cultural property (or heritage) experts. Once the elaboration is completed and the General Conference of UNESCO adopts the instrument in its final version, UNESCO’s role then starts as to the implementation of its conventions by States Parties.

The Law of Treaties

2021 ◽  
pp. 141-158
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
Legal System ◽  
Controversial Issue ◽  
Member States ◽  
Dual Nature ◽  
Legal Nature ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

This chapter applies the dual legal nature to the law of treaties. It begins by describing how international organizations were conceptualized in the debates of the International Law Commission and of International Law Institute on the law of treaties. Afterwards it contends that the capacity of an international organization to conclude a treaty is based both on a norm of general international law and on a norm of the internal institutional legal system. This finding is applied to the controversial issue of the position of member states in the treaty concluded by the organization. The dual nature leads to rethinking the role of members within the organizations based on complementarity. It means that member states have an indirect involvement with the treaty concluded only by the organization. For instance, member states’ obligations arise in order to provide the organization with the means to fulfil the obligations of the organization.

Treaties and Treaty Materials: Role, Relevance and Accessibility

1997 ◽  
Vol 46 (3) ◽  
pp. 643-662 ◽  
Author(s):  
Richard Gardiner
Keyword(s):  
International Law ◽  
Treaty Provision ◽  
Present Purpose ◽  
Preparatory Work

Many, if not most, matters regulated by international law tend now to bring into issue obligations under treaties. Yet even if a dispute centres on interpretation of a particular treaty provision, the text of the treaty will not necessarily be the sole consideration. More often than not tribunals look to preparatory work of a treaty, sometimes almost as a first resort rather than as a subsidiary means of interpretation; and both formal and less formal instruments associated with a treaty—declarations, reservations and a whole range of possible materials—may be relevant to the particular matter. All these are described here as “treaty materials” and it is the present purpose to explore the scope and role of such materials.

Modifying the UN Charter through Subsequent Practice: Prospects for the Charter's Revitalisation

2012 ◽  
Vol 81 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Jessica Liang
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Vienna Convention ◽  
Member States ◽  
Functional Potential ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

Despite the vast challenges facing the United Nations in its ever expanding mandate, the task of reforming the organisation remains encumbered by its onerous amendment procedures. Recent attempts to instigate formal changes to the Charter of the United Nations have all failed. In this context, it is argued that greater attention should be paid to the other ways in which changes can be made to the Charter. The subsequent practice of member states and organs can play an important role in informing changes to the Charter's application. The idea that treaties can be modified through subsequent practice is not new under international law. While it was rejected as a principle that should be codified under the Vienna Convention on the Law of Treaties, its utility is being presently re-considered by the International Law Commission. However, the functional potential of this doctrine vis-à-vis the Charter has attracted little academic scrutiny. This article pre-empts some of the issues that will be examined by the Commission, arguing that it is time to expand the role of subsequent practice, by not only using practice to inform interpretations to the Charter, but to embrace the opportunity for amendments to be also made through the subsequent practice of parties. This approach promises to open up greater prospects for the Charter's revitalisation. If the conditions for modification are carefully considered, the doctrine can be a useful instrument for Charter reform.

THE LEGISLATIVE ROLE OF THE SECURITY COUNCIL IN ITS FIGHT AGAINST TERRORISM: LEGAL, POLITICAL AND PRACTICAL LIMITS

2008 ◽  
Vol 57 (2) ◽  
pp. 333-359 ◽  
Author(s):  
Luis Miguel Hinojosa Martínez
Keyword(s):  
International Law ◽  
Security Council ◽  
International Norms ◽  
Historical Background ◽  
Material Source ◽  
Member States ◽  
Legislative Activity ◽  
New Form

AbstractThis article studies the normative activity developed by the Security Council (SC) in recent years, particularly in the fight against terrorism. This legislative activity has aroused a great deal of controversy both among scholars and the States. Is the SC acting ultra vires? Has it revealed a new form of creating of international norms, which overrides definitively States' consent as the only material source of international law? This contribution tries to answer these questions by investigating the scope of the SC powers in the Charter, their historical background and the reaction of UN Member States towards its Resolutions. After this analysis, it is submitted that the SC does have a legislative capacity, but with important legal, political and practical limits.

Ethical Rules and Codes of Honor Related to Museum Activities: A Complementary Support to the Private International Law Approach Concerning the Circulation of Cultural Property

2009 ◽  
Vol 16 (1) ◽  
pp. 49-66 ◽  
Author(s):  
Manlio Frigo
Keyword(s):  
International Law ◽  
Codes Of Conduct ◽  
Cultural Property ◽  
Market Regulation ◽  
Private International Law ◽  
Private Institutions ◽  
Public And Private ◽  
International Protection ◽  
International Conventions

The role of ethical rules and codes of conduct in the field of art law and international protection of cultural property, together with the adoption of the relevant international conventions, has constantly increased in the last decades. This article considers the main codes of conduct drafted by international organizations as well as international, national, public, and private institutions, federations, and associations. The focus is on their influence on international trade as instruments of art market regulation. Specific attention is paid to the interaction with the private international law approach and to a survey of both direct and indirect effects of these rules on the international circulation of cultural property.

Indigenous Peoples

2008 ◽  
Author(s):  
Russel Lawrence Barsh
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Environmental Law ◽  
Indigenous Rights ◽  
Cultural Property ◽  
Political Rights ◽  
International Labour Organisation ◽  
Definition Of ◽  
The Right

This article first treats the emergence of indigenous peoples' rights in international law in its historic context. Subsequently, it addresses conceptual issues related to the position of indigenous peoples in international law. These issues concern critical distinctions and assumptions related to the definition of what constitutes an ‘indigenous people’ and, especially, the distinction between minority and indigenous peoples' rights and the collective representation of indigenous peoples. The article also explores the role of indigenous peoples in international environmental law with a focus on distinctively indigenous rights and responsibilities. Indigenous rights, and especially substantive rights, relate to the environment, regardless of whether they are pursued in the context of the International Labour Organisation or the Commission on Sustainable Development (CSD). The article also looks at community rights and partnerships, rights to land and the environment, political rights, intellectual and cultural property rights, and the right to external self-determination.

The Fate of the Koenigs Collection: Public and Private International Law Aspects

1997 ◽  
Vol 6 (1) ◽  
pp. 81-108 ◽  
Author(s):  
Andrea Gattini
Keyword(s):  
World War Ii ◽  
International Law ◽  
Cultural Property ◽  
Private Ownership ◽  
Private International Law ◽  
World War ◽  
German Government ◽  
Public And Private ◽  
Recent Developments

SummaryThe Koenigs Collection of Old Master drawings was transferred during the course of World War II from private ownership to the German government. Most of the collection recently appeared in the Pushkin Museum in Moscow. The author examines the validity of these transfers and the proper ownership of the collection today from both a public and private international law perspective. The dispute as to ownership between Russia and the Netherlands and the role of the German government is a difficult one to resolve, particularly in light of current claims for war reparations and recent developments in international law concerning the transfer of cultural property.

The Responsibility of Member States of International Organizations?

2015 ◽  
Vol 12 (2) ◽  
pp. 448-467
Author(s):  
Esa Paasivirta
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
General Question ◽  
Modus Operandi ◽  
Member States ◽  
Legal Personality ◽  
Mixed Agreements ◽  
Special Case

This article outlines the contours of the special case of the eu in the context of the general question of the responsibility of a member State of an international organization. The special case of eu member States is connected with the modus operandi of the eu in general, and the fact that the implementation of eu acts is largely carried out by national authorities rather than by the eu relying solely on its own organs. This special case is also connected with the phenomenon of so-called ‘mixed agreements’ to which both the eu and its member States are parties. In both situations, the role of the member States is important and appears as part of the normal conduct of the organization. Against the background of these observations, the paper reviews the central concepts of legal personality, competence and responsibility in order to consider and assess the special case of the eu in a broader international law context. The paper also reviews recent legal developments which bear on the assessment of the special case of the eu.

scholarly journals Never again? The role of the global network of R2P focal points in preventing atrocity crimes

2021 ◽  
Vol 39 (2) ◽  
pp. 161-181
Author(s):  
Martin Mennecke
Keyword(s):  
International Law ◽  
Focal Point ◽  
Responsibility To Protect ◽  
Global Network ◽  
Focal Points ◽  
Government Officials ◽  
Member States ◽  
Abstract Entities ◽  
Atrocity Crimes

The Nuremberg judgement famously held that crimes against international law are committed by men, not by abstract entities – but who, then, is to prevent these crimes? In 2005, all UN Member States agreed that it was their responsibility to protect populations against atrocity crimes (short R2P). In 2010, the idea was born to appoint senior government officials to act as individual R2P Focal Points to help implement this historic pledge. This article critically examines the focal point idea and its practice, focusing on the experience of the Danish R2P Focal Point as well as the role of the Global Network of R2P Focal Point which today has members from 61 UN member states. The article highlights the significant potential of the R2P Focal Points but also a series of pre-conditions that need to be met if the appointment of a R2P Focal Point is not to remain a mere gesture.

The role of international agreements and international customary law in the EU and EAEU legal orders

2021 ◽  
Vol 11 (1) ◽  
pp. 102-130
Author(s):  
Kirill Entin
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Case Law ◽  
International Agreements ◽  
Customary Law ◽  
The European Union ◽  
Member States ◽  
Rules And Principles ◽  
The Eu

The article examines the provisions of EU and EAEU law regarding the role and place of international agreements and international customary law in their respective legal orders. The duty of regional integration organisations to comply with international law necessitates the creation of mechanisms allowing incorporating international law norms into the EU and EAEU legal systems while ensuring the independent (autonomous) character of these legal orders. The case law of supranational courts plays a prominent role in resolving this issue. The author focuses primarily on issues that are relevant not only for the EU but for the EAEU at the current stage of its development: ensuring that international agreements with third parties are compatible with the main rules and principles of the functioning of the integration organization; the possibility for individuals to challenge the validity of EU/EAEU institutions/bodies acts on the ground that they are contrary to international treaty or customary law as well as to the binding nature for a regional integration organisation of international agreements concluded by Member States in fields where the competence has been transferred to the supranational level. The author comes to the conclusion that despite the fact that the mechanisms provided by the EAEU Treaty are insufficient, the gaps can be partially filled by the EAEU Court through its case law. In that regard the jurisprudence of the Court of Justice of the European Union represents an important benchmark, although it needs to be assessed critically. Thus, the strict approach of the CJEU regarding the direct effect of universal international agreements as well as its application of the functional succession doctrine in relation to international agreements concluded by Member States makes it difficult for individuals to rely on international law in order to protect their rights.

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