scholarly journals EU Cultural Security Law in an Educational Context

2021 ◽  
Vol 13 (7) ◽  
pp. 3947
Author(s):  
Piotr Stec ◽  
Alicja Jagielska-Burduk
Keyword(s):  
Cultural Heritage ◽  
Cultural Property ◽  
Heritage Management ◽  
Armed Conflicts ◽  
Cultural Relations ◽  
Post War ◽  
Polish Law ◽  
Cultural Sector ◽  
Illicit Trafficking ◽  
The Eu

Cultural security is a comprehensive notion that has gained much attention in the recent cultural heritage debates. In terms of the EU, it encapsulates cultural heritage destruction and protection in armed conflicts, post-war cultural heritage management, restitution, illicit traffic of cultural property, cultural diversity, and intercultural dialogue. The article aims to present how cultural security matters appear in the EU legal system and policy. The authors argue that cultural security is present in different policies regarding cultural property and the fight against illicit trafficking, as well as in EU external cultural relations. Digitization in the cultural sector constitutes a challenge, facilitates access to cultural heritage, and is an important tool for future cultural security. Therefore, EU law in the context of cultural security is analyzed. The authors took the Polish law as an example of how cultural security can be safeguarded while promoting an EU Member State’s jurisdiction. The paper’s educational part offers some ideas on creating and incorporating law and cultural security courses into varied higher education programs.

Combating the Illicit Trafficking of Cultural Property: The Multifaceted Response to a Complex Challenge

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Letizia Casertano
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Cultural Property ◽  
International Terrorism ◽  
The European Union ◽  
Security Systems ◽  
Recent Developments ◽  
Illicit Trafficking

Abstract In recent years the phenomenon of the illicit trafficking in cultural assets has been addressed by international and European lawmakers as an important phenomenon within the complex criminal networks used for the financing of international terrorism. The factors that contribute most to its development include in particular the availability of advanced technologies for plundering archaeological sites and e-commerce, which has sped up trade by breaking down space-time barriers, along also with armed conflict, political instability and poverty. In order to bring about change and put an end to the phenomenon, some significant legislative choices have recently been implemented in the European Union. The aim is to create a regime that is as uniform as possible along with a network of standardised controls capable of intercepting illicit trafficking. The concerns of art market operators surrounding the introduction of new rules and regulations can be appreciated if it is considered that the vibrant lawful market of artworks operates in accordance with tried and tested arrangements. This article will seek to provide an account of the phenomenon in its full complexity, highlighting the most significant recent developments within the European Union. It will also discuss the role of information and digital technologies in the area of cultural heritage. In particular, the existing European legal framework represented by the main legal instruments adopted by the international community and by the European Union will be sketched out, including both civil law and criminal law responses to the illicit trafficking of cultural heritage. Within this context the importance of the issues of traceability within art transactions, which are mostly paper-based, will be investigated along with other related issues such as digital tracking of artworks (digital passports), art security systems and authentication technologies.

scholarly journals UNESCO international activities to protect the cultural heritage of Iraq and Syria in 2015-2017

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Olesia Gretskaia
Keyword(s):  
Cultural Heritage ◽  
International Organizations ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Terrorist Attacks ◽  
Illegal Trade ◽  
World Heritage Sites ◽  
Heritage Sites ◽  
World Cultural Heritage ◽  
International Activities

The article focuses on the international activities of UNESCO (2015-2017) to protect the world cultural heritage in Iraq and Syria from the devastating consequences of armed conflicts and terrorist attacks. The author pays special attention to aspects of the Organization's strategy for the prevention of the destruction of World Heritage sites (or their restoration) and the suppress of the illegal trade of cultural property. This strategy includes establishing cooperation with other international organizations and states, and the article gives examples of international contacts on the protection of cultural heritage.

scholarly journals GESTIÓN DE RIESGOS DEL PATRIMONIO CULTURAL: ALCANCES PARA EL PATRIMONIO HISTÓRICO INMUEBLE

2018 ◽  
Vol 4 (7) ◽  
pp. 145 ◽  
Author(s):  
Clary Diana Santander Cjuno
Keyword(s):  
Risk Management ◽  
Cultural Heritage ◽  
Cultural Property ◽  
Heritage Management ◽  
Contemporary Society ◽  
Cultural Heritage Management ◽  
Private Organization ◽  
Palabras Clave ◽  
Toma De Decisiones ◽  
Historical Heritage

El presente artículo relaciona conceptos básicos de la gestión de patrimonio y la gestión de ries- gos del patrimonio cultural (GRPC). Para abordar este tema se parte por delinear ciertos conceptos cruciales sobre patrimonio cultural, pues la teoría formulada al respecto es dinámica, cambiante y resulta de gran importancia para la sociedad actual. Para abordar la temática central se han utiliza- do conceptos vinculados con los riesgos, el patrimonio cultural y su gestión, para posteriormente integrarlos con mayor detalle al enfoque aquí abordado. Finalmente, se han incluido los aspectos más relevantes de la metodología desarrollada por el Instituto Canadiense de Conservación (CCI), el Centro Internacional de Estudios para la Conservación y la Restauración de los Bienes Culturales (ICCROM), y la Agencia de los Países Bajos para el Patrimonio Cultural (RCE). La gestión de riesgo abarca la evaluación, análisis, propuestas, planes y otros aspectos vinculados a la práctica de una organización pública/privada, con el objetivo de minimizar el riesgo en el momento de la toma de decisiones sobre la gestión del patrimonio cultural. Palabras clave.-Gestión de riesgos, patrimonio cultural, patrimonio histórico inmueble. ABSTRACTThis article connects basic concepts to heritage management and risk management of cultural heri- tage. Thus, to tackle this subject, it starts with a picture of the concepts of cultural heritage, since the theory about it is dynamic, changing, and very important for contemporary society. In order to ad- dress the central topic, concepts related to risks, cultural heritage and their management have been employed, to then integrate them with greater detail to the approach studied here. Finally, the most relevant aspects of the methodology developed by the Canadian Conservation Institute (ICC), the International Center for the Study of the Preservation and Restoration of Cultural Property (ICCROM) and the Cultural Heritage Agency of the Netherlands (RCE) have been included. Risk management encompasses the evaluation, analysis, proposals, plans and other aspects related to the practice of a public/private organization in order to minimize risk when decision making about cultural heritage management occurs. Keywords.-Risk management, cultural heritage, historical heritage assets.

Part II Substantive Aspects, Ch.10 Grasping the Nettle of Illicit Export, Import, and Transfer of Ownership of Cultural Objects

2020 ◽  
Author(s):  
Shyllon Folarin
Keyword(s):  
Cultural Heritage ◽  
Codes Of Ethics ◽  
Cultural Property ◽  
Illegal Trade ◽  
International Treaties ◽  
African Countries ◽  
International Effort ◽  
Cultural Objects ◽  
The 1960S ◽  
Illicit Trafficking

This chapter studies the illegal import, export, and transfer of ownership of movable cultural objects. Illicit trafficking in cultural property has been going on for decades. The exponential increase in the 1960s raised concern, and this coincided with the wave of independence being granted to several African countries and Asian countries. Codes of ethics and international treaties are two important elements of the current, major international effort to prevent the damage caused by the illegal trade in cultural objects that continue to blossom. Another key element is increased globalization of cultural heritage law. Finally, the creation of national cultural heritage police units by all countries is very important.

U.S. Policy, Cultural Heritage, and U.S. Borders

2012 ◽  
Vol 19 (2) ◽  
pp. 175-196 ◽  
Author(s):  
Christina Luke
Keyword(s):  
Cultural Heritage ◽  
Homeland Security ◽  
The United States ◽  
Cultural Relations ◽  
Department Of Homeland Security ◽  
Illicit Trade ◽  
Illicit Trafficking ◽  
Heritage Policy ◽  
The Relationship ◽  
The U.S

AbstractThis article situates the discussion of illicit trafficking in antiquities in the context of the relationship between the U.S. Departments of State and Homeland Security. The main argument is that U.S. cultural heritage policy is part of a broader agenda of political discourse that links matters of heritage to wider concerns of security. If the underlying goal of the U.S. State Department is mutual understanding through open dialogue, how can initiatives that focus on the criminal networks and security, efforts tackled by the Department of Homeland Security, contribute to building a positive image for the United States abroad? Here I explore strategic aspects of U.S. cultural policies and federally supported programs aimed at mitigating against the illicit trade in antiquities as part of building and maintaining cultural relations.

scholarly journals An Introduction to Development-led Archaeology in Europe: Meeting the needs of archaeologists, developers and the public

2019 ◽  
Author(s):  
Agnes Stefánsdóttir
Keyword(s):  
Cultural Heritage ◽  
General Public ◽  
Heritage Management ◽  
The Public ◽  
Raising Awareness ◽  
The Media ◽  
Management Symposium ◽  
The Eu

In the EAC 2018 heritage management symposium, the idea was to look at the topic of development-led archaeology from a different angle and encourage discussions between heritage management officials, developers, archaeologists working in the field and the public. How can we meet the needs of these very different stakeholders and do we always need to? This topic was also highly relevant in view of the decision of the EU and European Parliament’s decision to make 2018 the European Year of Cultural Heritage with the aim of raising awareness as well as drawing attention to the opportunities offered by Cultural Heritage i.e. to reflect on the place that cultural heritage occupies in our lives. This themed issue reflects some of the topics covered by speakers from professional archaeology and cultural heritage spheres as well as representatives of the media and the general public.

Exploring participatory heritage governance after the EU Faro Convention

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Laia Colomer
Keyword(s):  
Cultural Heritage ◽  
Professional Practice ◽  
Design Methodology ◽  
Heritage Management ◽  
Democratic Participation ◽  
Content Type ◽  
The Public ◽  
Economic Problems ◽  
Decision Making Processes ◽  
The Eu

PurposeThis paper aims to analyse the key Faro notions of “heritage community” and “democratic participation” as defined in the Faro Convention, and how they challenge core notions of authority and expertise in the discipline and professional practice of cultural heritage.Design/methodology/approachThis paper examines notions of “heritage community” and “democratic participation” as they are framed in the Faro Convention, and it briefly introduces two cases (Finland and Marseille) to explore their application. It then focusses on the implications of these two notions for heritage administration (expertise) in terms of citizen agency, co-creation of knowledge and forms of decision-making processes.FindingsThe Faro Convention favours an innovative approach to social, politic and economic problems using cultural heritage. To accomplish this, it empowers citizens as actors in developing heritage-based approaches. This model transforms heritage into a means for achieving socioeconomic goals and attributes to the public the ability to undertake heritage initiatives, leaving the administration and expert bodies as mediators in this process. To bring about this shift, Faro institutes the notion of “heritage communities” and fosters participative governance. However, how heritage communities practise participation may follow different paths and result in different experiences due to local and national political circumstances.Originality/valueThe Faro Convention opens up a window by framing cultural heritage within the realm of social and democratic instrumentality, above and beyond the heritage per se. But it also poses some questions regarding the rationale of heritage management (authority in governability), at least as understood traditionally under official heritage management discourses.

Cultural heritage management and the effect of corruption in Nigeria: hampering sustainable development via cultural heritage destruction

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Terngu Sylvanus Nomishan ◽  
Paul-Kolade Tubi ◽  
Dimas Solomon Gubam
Keyword(s):  
Sustainable Development ◽  
Law Enforcement ◽  
Cultural Heritage ◽  
Heritage Management ◽  
Law Enforcement Agencies ◽  
Cultural Heritage Management ◽  
Content Type ◽  
The Government ◽  
Economic Sustainable Development ◽  
Illicit Trafficking

PurposeThe aim of this research is to discuss the effect of corruption on conventional management of cultural heritage (CH) resources in Nigeria. It identifies the means by which the effect can be curtailed to bring about proper management system in the CH sector and pave the way for economic/sustainable development through cultural tourism in the country.Design/methodology/approachThe research draws from both exploratory and comparative approaches. It took a study of selected locations and museums in the six geopolitical zones of the country, with a review of literatures on cultural heritage management (CHM). It also gives summarized information on the present overall effect of corruption in the CH sector of Nigeria.FindingsThe research reveals that there are some levels of mismanagement and destruction of CH resources in the country. This is manifested in acts of museum theft, illicit trafficking, unlawful possession and general mishandling of CH, as well as the deterioration of facilities in the sector. The research gathered that the problem came as a result of wrongful appointment of none heritage experts as heads of heritage-related institutions and agencies. It also results from lack of required attention by the government and other relevant stakeholders (such as community leaders/members, academics and law enforcement agencies, inter alia) toward CH preservation, protection, management and promotion for sustainable development. The research recommends that the government and other CH stakeholders (mentioned above) should make efforts to address the issues discussed, so as to improve the management of CH in the country for sustainable development.Originality/valuePrior to this research, there has been no publication addressing the effect of corruption on CHM in this context and location. The article makes recommendations that call for action and also set grounds for future discourse.

The Review Process of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Impact on International Humanitarian Law

1998 ◽  
Vol 1 ◽  
pp. 313-322 ◽  
Author(s):  
Jan Hladik
Keyword(s):  
Soviet Union ◽  
Cultural Heritage ◽  
Former Soviet Union ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Cold War

The end of the Cold War and the disappearance of bipolarity have resulted in a recrudescence of a number of armed conflicts in the world, in particular in the ex-Yugoslavia and the former Soviet Union. Such conflicts have demonstrated a blatant disregard for the law of armed conflicts and a loss of respect for human lives and cultural heritage. They have also demonstrated deficiencies in the implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict — the only comprehensive international agreement aimed specifically at protecting movable and immovable cultural heritage in the event of armed conflict.

scholarly journals International legal foundations of responsibility for international crimes against cultural heritage in conditions of armed conflicts

Legal Ukraine ◽  
2020 ◽  
pp. 67-72
Author(s):  
Oleksandr Bazov
Keyword(s):  
Cultural Heritage ◽  
Cultural Values ◽  
Armed Conflict ◽  
International Community ◽  
Criminal Court ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Heritage Sites ◽  
International Crimes ◽  
The Hague

The article is devoted to the analysis of issues of international legal provision of responsibility for international crimes in the field of protection of cultural values. The main international legal acts and case law in this area are analyzed. Proposals for improving international and domestic legal acts are provided. According to the Universal Declaration of Human Rights, the ideal of a free human person free from fear and need can only be realized if conditions are created in which everyone can enjoy their economic, social, cultural and political rights. Understanding the systemic nature of these rights implies the creation of appropriate conditions for their implementation at both national and international levels, including in the field of judicial protection. As the realization of economic, social, political and cultural rights is complex, systemic, the issues of preservation and protection of cultural values have recently become especially important, as it applies not only to the state in which they are located, but also to all peoples of the world. Thus, the preservation and protection of cultural heritage sites, especially in armed conflicts, is a matter not only of an individual state, but of the entire international community. As you know, issues of protection of cultural values are constantly in the field of view of the international community. In particular, these issues were reflected in the Hague Conventions of 1899 and 1907, especially in the Hague Regulations of 1907. The most important international legal act on the preservation and treatment of cultural heritage sites in armed conflict is the Hague Convention of 14 May 1954 on the Protection of Cultural Property in the Event of Armed Conflict and its Additional Protocols of 1954 and 1999, respectively, which is perceived as a universally recognized universal set of norms in the field of protection of cultural values. Key words: international criminal court, cultural values, cultural heritage, international crimes.

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