The Oxford Handbook of International Cultural Heritage Law

ISBN : 9780198859871

Francesco Francioni; Ana Filipa Vrdoljak
1024 ページ
171 x 246 mm
Oxford Handbooks

This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory.
Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.


1 Ana Filipa Vrdoljak and Francesco Francioni: Introduction

Part I: Historical Overview

2 Ana Filipa Vrdoljak and Lynn Meskell: The Intellectual Cooperation Organisation, UNESCO and Culture Conventions: A Historical Overview

Part II: Substantive Aspects

3 Roger O'Keefe: Cultural Heritage and International Humanitarian Law

4 Federico Lenzerini: Intentional Destruction of Heritage

5 Micaela Frulli: Cultural Heritage and International Criminal Law

6 James A. R. Nafziger: Cultural Heritage and the Responsibility to Protect

7 Giulio Bartolini: Cultural Heritage and Disasters

8 Ana Filipa Vrdoljak: Cultural Heritage, Transitional Justice and Rule of Law

9 Patty Gerstenblith: Theft and Illicit Excavation

10 Folarin Shyllon: Illicit Export, Import, and Transfer

11 Francesco Francioni: World Heritage

12 Amy Strecker: Landscapes as Cultural Heritage

13 Patrick J. O'Keefe: Underwater Cultural Heritage

14 Ben Boer: Cultural Heritage and the Environment

15 Janet Blake: Intangible Cultural Heritage

16 Bruno De Witte: Language as Cultural Heritage

17 Yvonne Donders: Cultural Heritage and Human Rights

18 Dalee Sambo Dorough and Siegfried Wiessner: Cultural Heritage and Indigenous Peoples

19 Joseph Powderly and Rafael Braga da Silva: Cultural Heritage and Women

20 Mira Burri: Cultural Heritage and Intellectual Property

21 Valentina Vadi: Cultural Heritage and International Investment Law

22 Tania Voon: Cultural Heritage, Cultural Diversity, and International Trade Law

Part III: General International Law

23 Francesco Francioni: The Role of Custom and General Principles of International Law

24 Riccardo Pavoni: Cultural Heritage and State Immunity

25 Andrzej Jakubowski: Cultural Heritage and State Succession

26 Patrizia Vigni: Cultural Heritage and State Responsibility

27 Elisa Novic: Remedies

Part IV: Procedural and Institutional Aspects

28 Marc-Andre Renold: International Dispute Adjudication Mechanisms

29 Kurt Siehr: The Role of Domestic Courts

30 Alessandro Chechi: Alternative Dispute Settlement Mechanisms

31 Tullio Scovazzi: Institutional Aspects

32 Kristin Hausler: Participation of Non-state Actors

33 Manlio Frigo: Codes of Ethics

Part V: Regional Approaches

34 Folarin Shyllon: Africa

35 Keun-Gwan Lee: Asia

36 Craig Forrest and Jennifer Corrin: Oceania

37 Lucas Lixinski: Central and South America

38 Rachel Craufurd-Smith: Europe (EU and Council of Europe)

39 Morag M. Kersel and Mounir Bouchenaki: Middle East

40 Derek Fincham: North America


Francesco Francioni (Dr Juris Florence and LL.M Harvard) is Professor Emeritus of International Law at the European University Institute and Professor of International Cultural Heritage Law at LUISS University, Rome. He has published extensively in the field of international law and held the Chair of International Law at the University of Siena from 1980 to 2003. He was a visiting professor at the University of Texas, Austin, from 1987 to 2008 and has taught as a visiting professor at the Universities of Cornell, Oxford , Munich, and Columbia, NY. He is a legal consultant for UNESCO and has participated in the negotiation of the main treaties and protocols concerning the protection of cultural heritage of the past 25 years. In 1987 and 1988 he was President of the UNESCO World Heritage Committee. ; Ana Filipa Vrdoljak is UNESCO Chair in International Law and Cultural Heritage and Professor of Law, University of Technology Sydney. She is a member of the Advisory Board, International Journal of Cultural Property (Cambridge University Press) and President of the International Cultural Property Society (U.S.). She has been Fernand Braudel Senior Fellow, Marie Curie Fellow, and Jean Monnet Fellow, Law Department European University Institute, Florence, and taught as visiting professor at Renmin Law School, University of Parma and Central European University. She has served as a legal consultant to intergovernmental organisations (including UNESCO, European Commission and UNHCHR) and national governments. She holds a Doctor of Philosophy (in Law), Bachelor of Law (Hons) and Bachelor of Arts (Fine Arts (Hons)) from the University of Sydney.