Year 2017, Volume 3 , Issue 7, Pages 257 - 262 2017-04-30

THE INTERNATIONAL LAW ON THE PROTECTION OF CULTURAL HERITAGE

Katerina PAPAİOANNOU [1]


We present a comprehensive analysis of the concept of cultural heritage and the institutionalisation of its protection by the international law in various historical contexts of involved states, i.e., during peace, conflict, social and/or political crisis. Furthermore, we discuss the human dimension of the protection of cultural heritage at an international level under the public international law. In particular, we first investigate whether states remain central actors at national and international level as far as the protection of cultural property within their territory is concerned. Subsequently, we examine the limitations imposed on the action range of a state due to primary and secondary legislation of international organizations where the state participates. Apart from this form of external pressure on the state jurisdiction, we also examine whether the action range of a state is further limited by the action of individuals and groups. Furthermore, we discuss on the potential role of international human rights law in such situations, the interdependence between the protection of individuals and cultural goods as well as whether the individual is transformed into an active actor of international law.

Our analysis clearly suggests that international organizations play a catalytic role in cultural protection at an international level, with UNESCO holding a leading position. UNESCO forms a central processing mechanism for international protection standards and seems to be the main forum for monitoring compliance of states with international protection standards. However, an issue that certainly deserves further investigation is whether UNESCO can be actually efficient in the absence of ratification mechanisms regarding cultural protection.

Our approach and methodology involves thorough analysis of concepts, review of historical developments in international law regarding the protection of cultural heritage, review of the activities of international organizations as well as the description of the existing legal framework. Results of our study suggest that the issue of cultural heritage protection is multidimensional and involves not only states but also individuals who are holders of rights and obligations regarding cultural heritage protection. In addition, our results clearly imply that there is still room for improvement in the continuously evolving international law towards the establishment of a more satisfactory framework for the protection of cultural heritage.
cultural heritage, international law, protection of cultural heritage
  • Bassiouni, C. Reflections on Criminal Jurisdiction in International Protection of Cultural Property. Accessible to: http://surface.syr.edu/cgi/viewcontent.cgi?article=1148&context=jilc Last retreived: 09/2015. Beiraghi, M. (2012). Risk Preparedness and heritage management in times of sociopolitical crisis: The role of experts in Simon Lambert and Cynthia Rockwell, Protecting Cultural Heritage in Times of Conflict, ICCROM, Rome. Carman, J. (2002). Archaeology & Heritage. Continum, New York. Forrest, C. (2002) "A New International Regime for the Protection of Underwater Cultural Heritage", International and Comparative Law Quarterly, Vol. 51, No. 3. Accessible to: http://www.austlii.edu.au/au/journals/UQLRS/2002/2.html. Last retrieved: 11/2015. Harrison, R. What is heritage? Accessible to: https://www.academia.edu/776638/What_is_Heritage. Last retrieved: 08/2015. Jacquard, A. (2006). Quelle UNESCO pour l'avenir, UNESCO. Accessible to: http://unesdoc.unesco.org/images/0014/001455/145580f.pdf. Last retrieved: 12/2015. Merryman, J. H. Two ways of Thinking about Cultural Property. Accessible to: http://minervapartners.typepad.com/readings/MerrymanTWOways.pdf. Last retrieved: 09/2015. Pilloud, C., Sandoz, Y., Zimmermann, B. (1987). Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949. ICRC, Martinus Nijhoff Publishers. Pressovyre, L. The past is not just made of stone. Accessible to: https://www.questia.com/magazine/1G1-77035063/the-past-is-not-just-made-of-stone . Last retrieved: 09/2015. Raftopoulos, E., McConnell, M. (2014). Contributions to International Environmental Negotiation in the Mediterranean Context, edit. Law Library, Athens. Seršić, M. (1996). “Protection of Cultural Property in Time of Armed Conflict“, Netherlands Yearbook of International Law, vol. 27. Strati, A. (1995). The Protection of the Underwater Cultural Heritage: An Emerging Objective of the Contemporary Law of the Sea, edit. Martinus Nijhoff Publishers, The Hague/London/Boston.
Subjects Social
Journal Section Articles
Authors

Author: Katerina PAPAİOANNOU
Country: Greece


Dates

Publication Date : April 30, 2017

EndNote %0 International E-Journal of Advances in Social Sciences THE INTERNATIONAL LAW ON THE PROTECTION OF CULTURAL HERITAGE %A Katerina PAPAİOANNOU %T THE INTERNATIONAL LAW ON THE PROTECTION OF CULTURAL HERITAGE %D 2017 %J IJASOS- International E-journal of Advances in Social Sciences %P 2411-183X-2411-183X %V 3 %N 7 %R doi: 10.18769/ijasos.309684 %U 10.18769/ijasos.309684