The Development of the Treaty Framework for the Protection of Cultural Heritage

2021 ◽  
pp. 12-56
2021 ◽  
pp. 016555152110221
Author(s):  
Tong Wei ◽  
Christophe Roche ◽  
Maria Papadopoulou ◽  
Yangli Jia

Cultural heritage is the legacy of physical artefacts and intangible attributes of a group or society that is inherited from past generations. Terminology is a tool for the dissemination and communication of cultural heritage. The lack of clearly identified terminologies is an obstacle to communication and knowledge sharing. Especially, for experts with different languages, it is difficult to understand what the term refers to only through terms. Our work aims to respond to this issue by implementing practices drawn from the Semantic Web and ISO Terminology standards (ISO 704 and ISO 1087-1) and more particularly, by building in a W3C format ontology as knowledge infrastructure to construct a multilingual terminology e-Dictionary. The Chinese ceramic vases of the Ming and Qing dynasties are the application cases of our work. The method of building ontology is the ‘term-and-characteristic guided method’, which follows the ISO principles of Terminology. The main result of this work is an online terminology e-Dictionary. The terminology e-Dictionary could help archaeologists communicate and understand the concepts denoted by terms in different languages and provide a new perspective based on ontology for the digital protection of cultural heritage. The e-Dictionary was published at http://www.dh.ketrc.com/e-dictionary.html .


2014 ◽  
Vol 15 (3) ◽  
pp. 227-233 ◽  
Author(s):  
Katarina Kocić ◽  
Tijana Spasić ◽  
Mira Aničić Urošević ◽  
Milica Tomašević

2021 ◽  
Vol 4 (2) ◽  
pp. 233-240
Author(s):  
R. Valeev ◽  
A. Mezyaev ◽  
E. Motrokhin ◽  
A. Lestev

The article deals with international crimes related to cultural heritage. The current international legal framework for the protection of cultural heritage and the prosecution of persons, involved in cultural crimes, is being analyzed. The authors attempted to classify Che types of crimes, gave international legal characteristics to attribute the crime to the relevant field of international legal regulation, and also presented examples from legal practice. The article uses methods of interpretation of law, analytical methods, methods of comparative law, as well as classification and typology.


2020 ◽  
Vol 64 (3) ◽  
pp. 351-364
Author(s):  
Fiona Macmillan

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.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mark Dunkley

PurposeThis paper examines the implications, for States Parties, of the 1954 Convention safeguarding regime in the context of contemporary non-international armed conflict and ANSAs, with a general focus on the Middle East and in situ cultural property.Design/methodology/approachAs the nature of conflict changes and armed forces become further engaged in supporting peacekeeping operations and deliver training to host nation security forces, and human security becomes an increasingly important function of military operations, the protection of cultural heritage (as an expression of a people's identity) becomes a significant contribution to individual operations.FindingsInternational obligations to States Parties for the in situ protection of cultural heritage, under both International Humanitarian Law and HC54, become an ever increasing important responsibility for armed forces to help deliver.Research limitations/implicationsWhile NATO is increasingly focussed on the defence of western states parties from threats posed by the Russian Federation, and observing a commercially and military assertive China, a recent report issued by the Pentagon noted that the Islamic State in Iraq and Syria (ISIS) is regrouping in Iraq faster than in Syria and could regain territory in six to twelve months in the absence of sustained military pressure.Practical implicationsPreservation in situ is used by heritage professionals to refer to the protection of a cultural heritage asset in its original location while the in situ protection of cultural property is a cornerstone topic of the 1954 Hague Convention Special Protection category. The Convention was drafted with international armed conflict in mind but the initial signatories to the Convention had sufficient foresight to consider non-international armed conflict and its potential effect on in situ cultural property by parties to the conflict, including Armed Non-State Actors (ANSA)Social implicationsUN Security Council Resolution 2449 (December 2018) recognized the negative impact of the presence, violent extremist ideology and actions on stability in Syria and the region of both Islamic State of Iraq and the Levant (ISIL) and the Al-Nusrah Front (ANF). This includes not only the devastating humanitarian impact on civilian populations but also the unlawful destruction of cultural heritage.Originality/valueANSAs comprise individuals and groups that are wholly or partly independent of State governments and which threaten or use violence to achieve their goals, such as Islamic State. As such, the military operating environment has changed since 1954.


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