Cultural Rights and Cultural Heritage as a Global Concern

Cultural Rights ◽

Global Regime ◽

Global Concern ◽

Operational Activities ◽

Conceptual Evolution ◽

The Impact ◽

Second World

This chapter considers the impact of anthropology on legal thought and practice in relation to cultural rights and cultural heritage at the global level. It examines the mainstreaming of cultural heritage and cultural rights by analysing the normative and operational activities of the international community through its institutions and instruments of global governance. The author argues that the impact of anthropology on the global regime of cultural rights and cultural heritage consists in the employment of anthropological knowledge and expertise in the practical operationalization of culture in international law and policy. In this regard, the chapter delves into the nature and consequences of this employment in relation to the two core aspects: the rhetorical and conceptual evolution of the notion of cultural heritage in international law, and the rise of cultural rights as collective rights. Accordingly, it scrutinizes various stages of the heritigization and anthropologization of both international human rights law and international cultural heritage law from the end of the Second World War to the present. The chapter concludes with an evaluation of the current legal avenues for addressing global challenges in the domains of cultural heritage and cultural rights, which points to the pressing need for more efficient modalities of global solidarity.

Cultural heritage: Right, identity and dignity: Right of access to and enjoyment of cultural heritage as a human right

Socioloski pregled ◽

10.5937/socpreg54-30009 ◽

2020 ◽

Vol 54 (4) ◽

pp. 1210-1259

Author(s):

Branko Rakić

Keyword(s):

Human Rights ◽

Cultural Heritage ◽

International Law ◽

Human Rights Law ◽

Human Right ◽

Cultural Rights ◽

Heritage Protection ◽

The Right ◽

Right Of Access

In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.

Amnesties in the Light of Developments in International Law and the Establishment of the International Criminal Court

International and Comparative Law Quarterly ◽

10.1093/iclq/51.1.91 ◽

2002 ◽

Vol 51 (1) ◽

pp. 91-117 ◽

Cited By ~ 14

Author(s):

Jessica Gavron

Keyword(s):

International Law ◽

Second World War ◽

Criminal Court ◽

World War ◽

Military Tribunal ◽

War Criminals ◽

The First World War ◽

The Impact ◽

Second World ◽

First World

Amnesties presuppose a breach of law and provide immunity or protection from punishment. Historically amnesties were invoked in relation to breaches of the laws of war and were reciprocally implemented by opposing sides in an international armed conflict. The impact of the two world wars in the first half of the twentieth century, however, had considerable implications not only for the use of amnesties, but also for their legality under international law. The scale of the First World War precipitated a new phase of unilateral amnesty for the victors and prosecutions of war criminals for the defeated aggressor states.1 This precedent was followed after the Second World War,2 with the establishment of the first ‘international’3 criminal court, the International Military Tribunal at Nuremberg. However, the horrors perpetrated during the Second World War also prompted the development of a branch of international law aimed at recognising and protecting human rights in an attempt to prevent such atrocities being repeated.

Discovering Maine’s Intangible Cultural Heritage

Cultural Sustainabilities ◽

10.5622/illinois/9780252042362.003.0023 ◽

2019 ◽

pp. 283-294

Keyword(s):

Native American ◽

Cultural Heritage ◽

Human Life ◽

Natural World ◽

Intangible Cultural Heritage ◽

Ongoing Research ◽

Cultural Rights ◽

Boat Building ◽

Fiddle Music ◽

This chapter reviews the historic and ongoing research of the state of Maine's intangible cultural heritage and shows how this work addresses the need for conservation, advocacy, education, and stewardship of this heritage. Maine is especially rich in intangible cultural heritage including the knowledge involved in crafting fine Native American basketry, boat building, fiddle music and dance, knowledge of the natural world among fishermen, woodsmen, millworkers, and farmers, folk singing, storytelling and much more. Cultural rights and ownership, the role of community scholars, and the impact of tourism is considered. The chapter concludes by suggesting that culturally-sensitive and engaged research has strengthened our understanding of how the ecosystem is essential to human life and culture.

Introduction The customary law of human rights is hiding in plain sight

10.1093/oso/9780192845696.003.0001 ◽

2021 ◽

pp. 1-8

Author(s):

William A. Schabas

Keyword(s):

Human Rights ◽

International Law ◽

Customary Law ◽

Political Rights ◽

Human Rights Law ◽

Customary International Law ◽

Regional Systems ◽

Second World

Many areas of international law developed first as custom and were only subsequently, generally in the course of the twentieth century, subject to codification. Human rights law was different. It was viewed as quintessentially a matter of domestic concern, a subject shrouded in State sovereignty. Only following the Second World War was international human rights law recognised as a source of binding obligations, mainly through the adoption of the Universal Declaration of Human Rights and other instruments of the United Nations as well as the regional systems. Later, jurists began contending that the norms in these instruments might also be customary in nature. They struggled with identifying the two classic elements in the determination of custom, opinio juris and State practice. Most analysis of the content of customary international law was rather perfunctory and also quite conservative, confining itself largely to civil and political rights.

“Lagom Jurisdiction” – What Viking Drinking Ettiquette Can Teach Us about Internet Jurisdiction and Google France

Masaryk University Journal of Law and Technology ◽

10.5817/mujlt2018-1-2 ◽

2018 ◽

Vol 12 (1) ◽

pp. 29-48 ◽

Cited By ~ 1

Author(s):

Dan Svantesson

Keyword(s):

Human Rights ◽

International Law ◽

Limited Attention ◽

Human Rights Law ◽

International Human Rights ◽

Guiding Principle ◽

International Human ◽

The Impact ◽

Insight Into

The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.

Conflict over Conflict: The Right to Strike in International Law

Global Labour Journal ◽

10.15173/glj.v8i1.2649 ◽

2017 ◽

Vol 8 (1) ◽

Author(s):

Diane F Frey

Keyword(s):

Human Rights ◽

International Law ◽

Political Rights ◽

International Labour Organisation ◽

International Human Rights ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES AND THE SOURCES OF INTERNATIONAL REFUGEE LAW

International and Comparative Law Quarterly ◽

10.1017/s002058931900054x ◽

2020 ◽

Vol 69 (1) ◽

pp. 1-41

Author(s):

Guy S. Goodwin-Gill

Keyword(s):

International Law ◽

International Protection ◽

Customary International Law ◽

Grass Roots ◽

Refugee Law ◽

High Commissioner ◽

Operational Activities ◽

International Refugee Law ◽

High Degree ◽

AbstractThe role of international organisations in international law-making tends to be downplayed in this largely State-centric world. The practice of UNHCR, however, is reason enough for a more sophisticated appreciation of the role that operational entities can play in stimulating State practice, and of how they may interact with and guide domestic courts in treaty interpretation and application. The ILC's recently completed projects on customary international law and subsequent agreements and practice encourage a cautious approach, but the high degree of judicialisation in refugee decision-making, the strong legal content in the international protection regime and the impact of UNHCR's operational activities open the way for institutional and grass-roots developments, keeping the law in closer touch with social and political realities and with the needs of those displaced.

JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v7i3.24782 ◽

2018 ◽

Vol 7 (3) ◽

pp. 451

Author(s):

Irawati Handayani

Keyword(s):

International Law ◽

First Generation ◽

Second Generation ◽

Political Rights ◽

Human Rights Law ◽

Cultural Rights ◽

Civil And Political Rights ◽

The Right ◽

Political Right

<p>Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.</p>

THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

REVISTA ESMAT ◽

10.34060/reesmat.v11i17.292 ◽

2019 ◽

Vol 11 (17) ◽

pp. 209

Author(s):

Mona Paré

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

International Human Rights ◽

Persons With Disabilities ◽

United Nations Convention ◽

International Human ◽

The One ◽

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry into force in 2008. The impact is of both procedural and substantive nature. On the one hand, the procedure that led to the development and adoption of the CRPD was innovative, as are the mechanisms that have been put into place to monitor its implementation. On the other hand, the convention introduces and develops concepts in a novel way in international law, such as new ways of considering the concept of equality, and to understand development, for example. The article concludes that the international community should capitalize on the new approaches, and that their application and interpretation should be closely monitored.

Heritage Cataloguing in History: Conceptual and Graphical Foundations of Immovable Cultural Heritage Data Bases in the Case of Spain

Sustainability ◽

10.3390/su131911043 ◽

2021 ◽

Vol 13 (19) ◽

pp. 11043

Author(s):

Roberto F. Alonso-Jiménez ◽

Mar Loren-Méndez ◽

Daniel Pinzón-Ayala ◽

Francisco Ollero-Lobato

Keyword(s):

Cultural Heritage ◽

18Th Century ◽

Special Focus ◽

Data Bases ◽

International Protection ◽

Heritage Studies ◽

Future Challenges ◽

Main Instrument ◽

Conceptual Evolution ◽

Cataloguing constitutes the main instrument for heritage assessment and management around the world, and is central in heritage studies. In the context of the growing international protection of heritage since the 20th century and the irruption and implementation of digital tools, cultural heritage data bases (CHDBs) have emerged as the main systems in accounting for and monitoring heritage. In the framework of culture preservation, as a driving force of sustainable development, this article aims to analyse the origins and development of CHDBs in order to critically observe the current situation and outline future challenges for systems of cataloguing heritage with the growing relevance of its graphical documentation. In this context, a historical overview of the origin and development of the European inventories since the 18th century to the present is key to trace the development of catalogue systems and the impact of IT in this field. The study then focuses on immovable cultural heritage data bases (ICHDBs); with Spain as case study, it develops an approach to the current panorama, with a special focus on the conceptual evolution of catalogues. In conclusion, ICHDBs need to transcend both instrumental and institutional roles and, supported in new digital systems, become interactive and flexible tools that respond to current needs and encourage heritage education, knowledge, and reflection.