IJASOS- International E-journal of Advances in Social Sciences

Abstract

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.