ISBN : 9780198846291
The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law.
This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn.
In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.
Anne-Marie Carstens and Elizabeth Varner: Intersections in International Cultural Heritage Law: An Introduction
I. The Law of Armed Conflict and the Protection of Cultural Heritage
1 Patty Gerstenblith: The Disposition of Movable Cultural Heritage
2 Elizabeth Varner: Comparing Interpretations of States' and Non-State Actors' Obligations Toward Cultural Heritage in Armed Conflict and Occupation: Military Manuals and the Law of War
3 Sabine von Schorlemer: Military Intervention, the UN Security Council, and the Role of UNESCO: The Case of Mali
II. Cultural Heritage-Based Offences in International Criminal Law and in the International Legal Regime for Combatting Transnational Organized Crime
4 Anne-Marie Carstens: The Swinging Pendulum of Cultural Heritage Crimes in International Criminal Law
5 Karolina Wierczynska and Andrzej Jakubowski: The Al Mahdi Case: From Punishing Perpetrators to Repairing Cultural Heritage Harm
6 Janet Blake: Trafficking in Cultural Property: Where Cultural Heritage Law and the International Fight against Transnational Organized Crime Coincide
III. The United Nations System and the Protection of Cultural Heritage
7 Guido Carducci: The Role of UNESCO in the Elaboration and Implementation of Art, Cultural Property, and Heritage Law
8 Kristin Hausler: The UN Security Council, the Human Rights Council, and the Protection of Cultural Heritage: A Matter of Peace and Security, Human Rights, or Both?
9 Gabriele Gagliani: The International Court of Justice and Cultural Heritage: International Cultural Heritage Law Through the Lenses of the World Court Jurisprudence?
IV. Special Legal Regimes for World Cultural Heritage and Underwater Cultural Heritage
10 Lucas Lixinski and Vassilis P Tzevelekos: The World Heritage Convention and the Law of State Responsibility: Promises and Pitfalls
11 Ottavio Quirico: Nested Boxes: Tangible Cultural Heritage and Environmental Protection in Light of Climate Change
12 Sarah Dromgoole: The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage and Its Principles Relating to the Recovery and Disposition of Material from Shipwrecks
V. The Intersections of International, National, and Community Interests in Cultural Heritage
13 Vanessa Tunsmeyer: Bridging the Gap Between International Human Rights and International Cultural Heritage Law Instruments: A Functions Approach
14 Nout van Woudenberg: Developments Concerning Immunity from Seizure for Cultural State Property on Loan
15 Robert Peters: Nationalism versus Internationalism: New Perspectives Beyond State Sovereignty and Territoriality in the Protection of Cultural Heritage