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Journal articles on the topic 'Legal protection of cultural heritage'
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1
김민섭. "Compensation in Cultural Heritage Protection Act." KOOKMIN LAW REVIEW 26, no. 2 (October 2013): 39–82. http://dx.doi.org/10.17251/legal.2013.26.2.39.
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Tsivolas. "The Legal Foundations of Religious Cultural Heritage Protection." Religions 10, no. 4 (April 21, 2019): 283. http://dx.doi.org/10.3390/rel10040283.
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It is common knowledge that the process of defining and protecting certain religious elements as invaluable heritage assets, is—more often than not—a complex one. In fact, it is exactly this, rather intricate, process that lends religious cultural heritage its powerful legal dimension, since the decision as to what and how is deemed worthy of protection and preservation is primarily made by Law. In this light, the present article will briefly examine the legal foundations for the protection of religious cultural heritage at the international level, in accordance with the principle of freedom of religion and the right to culture. Apart from the examination of various pertinent provisions, norms and regulations relating to the protection of religious heritage, crucial cultural themes will be also presented, utilizing a broader interdisciplinary approach of the subject matter. Within this framework, the model of res mixtae is introduced, in view of providing a better understanding of the numerous aspects of religious cultural heritage.
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Mohamed, Khadijah, Ahmad Shamsul Abd. Aziz, and Nor Azlina Mohd Noor. "LEGAL ANALYSIS FOR PROTECTION OF INTANGIBLE CULTURAL HERITAGE IN MALAYSIA." International Journal of Law, Government and Communication 5, no. 19 (June 10, 2020): 10–20. http://dx.doi.org/10.35631/ijlgc.519002.
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The National Heritage Act 2005 is the only Act enacted in Malaysia to date to protect the national heritage including intangible cultural heritage. In the field of heritage study, intangible cultural heritage becomes a priority in the context of a 'non-existent' heritage enjoyed through the human senses. However, the Act provides a rather limited definition of intangible cultural heritage due to ambiguity in certain terminologies of its definition and scope. Hence, by using the provisions of the UNESCO Convention 2003 as the basis of discussion, this article analyses the legal provisions which protect intangible cultural heritage in Malaysia for the country in fulfilling its responsibilities as a Member Country of the Convention. This article finds that improvements to the definition of intangible cultural heritage need to be made by expanding the scope of the provision to include relevant intangible cultural heritage elements such as food and fine arts heritage.
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Shevtsova, Anastasiia. "Legal aspects of Palaeolithic sites protection in Ukraine." Visnyk of the Lviv University. Series Geography 53 (December 18, 2019): 315–21. http://dx.doi.org/10.30970/vgg.2019.53.10681.
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Despite the fact that Palaeolithic sites in Ukraine are objects of cultural heritage and protected by law, a large number of them is on the verge of total destruction. Organization of the processes of protection and preservation, as well as monitoring of the state of such sites, is based entirely on state legal acts. The Law of Ukraine On the Protection of the Archaeological Heritage defines the protection of the archaeological heritage as a complex of measures carried out in accordance with the legislation by state authorities, enterprises, institutions, organizations, citizens, aimed at keeping records, protection, preservation, proper maintenance, appropriate use, conservation, restoration, rehabilitation and museisation of archaeological heritage objects, as well as dissemination of knowledge about archaeological heritage. A characteristic feature of the objects of the archaeological heritage is the material embodiment of scientific information, which is largely stored in the place of its formation, regardless of the state of preservation. The basis for the protection of the archaeological heritage is its properties, which impose a ban on any work on this area, except for works related to the scientific research of the archaeological heritage. State regulations in the field of cultural heritage regulate relations connected to the protection of the archaeological heritage of Ukraine – an integral part of the cultural heritage of humankind, a vulnerable and non-renewable source of knowledge about the historical past, as well as determine the rights and responsibilities of archaeological heritage researchers. Scientific research of archaeological heritage is the scientific activity aimed at gaining new knowledge about the objects of archaeological heritage, patterns of development of ancient society and man on the basis of the results of the analysis of archaeological materials and documented information (publications, scientific reports, etc.) of archaeological character. It is extremely important to create the necessary conditions for the state to carry out scientific studies of Palaeolithic sites in order to organize a proper regime for their protection in terms of legislation. Key words: site, archaeological heritage, cultural heritage, protection of Palaeolithic sites, law, legal norms.
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Adamus, Rafał. "Legally protected cultural goods and bankruptcy proceedings." Opolskie Studia Administracyjno-Prawne 18, no. 2 (October 28, 2020): 9–26. http://dx.doi.org/10.25167/osap.2177.
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This paper deals with general problems of legal aims of bankruptcy proceedings in connection with the aims of heritage protection – issues built by completely different systems of values. Bankruptcy is designed for protecting pecuniary interest of a limited group of people, while cultural heritage is protected for present and future generations, despite its current commercial significance. In the global environment, bankruptcy of a cultural goods owner usually has a cross-border range but national bankruptcy legislations and laws devoted to heritage protection differ in very serious aspects. For this reason the paper is not limited to any concrete legal order. There are discussed some important universal issues: limits for a trustee in managing cultural goods which are a part of bankruptcy estate, legal status of cultural goods excluded from bankruptcy estate, consequences of bankruptcy sale in the case of lack of bankrupt’s ownership title.
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Alshehaby, Fatimah. "Cultural Heritage Protection in Islamic Tradition." International Journal of Cultural Property 27, no. 3 (August 2020): 291–322. http://dx.doi.org/10.1017/s0940739120000259.
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AbstractCultural heritage is a crucial component that plays a fundamental role in defining an individual’s identity and advancing the protection of his or her human rights. Reinforcing cultural distinctions and human differences are significant and therefore recognized in Islam. This article enhances the understanding of an Islamic approach to cultural heritage and human rights through the lens offered by three examples: the right to education, freedom of religion, and the right to development. The discussion of the protection of cultural heritage in Islam is essential because Islam is one of the legal sources in many Muslim states, and, therefore, the examination of its intersection with international law could enhance the protection of cultural heritage and promote human rights in the Islamic world. The article develops principles of cultural heritage protection that are in conformity with international law. These principles are the promising common ground for the possibility of universal cultural heritage policy. Despite the fact that there is no clear reference to the notion of cultural heritage in Islamic teaching, this article shows that principles of the protection of cultural heritage are established.
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FILIPČIČ, ROK. "KULTURNA DEDIŠČINA IN NJENO VAROVANJE V ČASU OBOROŽENIH SPOPADOV." POSAMEZNIK, DRŽAVA, VARNOST/ INDIVIDUAL, STATE, SECURITY, VOLUME 2021/ISSUE 23/4 (November 30, 2021): 73–90. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.23.4.4.
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Povzetek Kulturna dediščina oziroma kulturne dobrine so izraz zgodovinske tradicije nekega naroda. V zgodovini vojskovanja je bila kulturna dediščina pogosto uničena, poškodovana in izropana. Prispevek predstavlja zgodovinski razvoj mednarodnopravne zaščite kulturnih dobrin, obveznosti, ki jih imajo visoke pogodbenice Konvencije o varstvu kulturnih dobrin v primeru oboroženega spopada, nekatera najpomembnejša pravila glede varovanja kulturnih dobrin med oboroženimi spopadi, slovensko delovanje na obravnavanem področju ter pozitivne in negativne posledice (ne)varovanja kulturnih dobrin. Ključne besede Varovanje kulturnih dobrin, oboroženi spopadi, Haaška konvencija. Abstract Cultural heritage and cultural property are an expression of the historical tradition of a certain nation. Throughout the history of warfare, cultural heritage has often been destroyed, damaged and looted. The article presents the historical development of international legal protection of cultural property, the obligations of the High Contracting Parties to the Convention for the Protection of Cultural Property in the Event of Armed Conflict, some of the most important rules regarding the protection of cultural property in armed conflicts, Slovenian activities in this field, and the positive and negative consequences of the (non-) protection of cultural property.
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Pietrek, Grzegorz. "Protection of Cultural Heritage During Crisis Situations." Internal Security 10, no. 2 (September 16, 2019): 143–54. http://dx.doi.org/10.5604/01.3001.0013.4221.
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Crisis situations such as catastrophes, natural disasters, armed conflicts and others pose a threat to different values. The author presents various definitions of a crisis situation found in the literature and concentrates on crisis management which might be treated as an interdisciplinary field of science. In order to achieve efficiency in crisis management one needs to apply a remarkable skill of working under pressure. In crisis situations mainly human life and health, natural environment, economy, spiritual and material values of the state or the region and its inhabitants are threatened and the functioning of state administration institutions may be also impaired. Among the protected values cultural assets seem to be neglected and legal documents in this sphere aren’t being updated. Therefore the author has presented his attempts at providing an analysis of available expert literature and legal acts, and using different research methods (such as comparison, synthesis or reasoning) he has presented the current condition of the discussed problem, indicating some potential shortcomings of the system. The plans for the protection of historical monuments are an integral part of the civil defence plans and they undergo annual updating. The author also discusses the theoretical problems in crisis management in Poland, which can be analysed in the context of strategic, tactical and operational management.
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Prysiazhniuk, Oleksii. "Basic stages of history of the underground gethsemane garden monastery in the context of monument protection." Bulletin of Mariupol State University. Series: History. Political Studies 10, no. 27 (2020): 37–45. http://dx.doi.org/10.34079/2226-2830-2020-10-27-37-45.
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This research examines and identifies the main stages of the history of an underground monastery in the Gethsemane Garden, from the appearance of the object to the status of a cultural heritage monument. The author draws conclusions about the legal norms enshrined in the regulations that form a system of requirements for procedural actions that turn a cultural heritage object into a monument. The article describes the legal acts that regulate the field of cultural heritage protection and directly influence the process of institutionalization of cultural heritage objects. The process of institutionalization of a monument selected as an example is considered against the background of the history of the object itself in the context of important historical events and historiography of its study. Turning cultural heritage into a monument that is governed by regulations in modern conservation legislation is a complex process. Examples of completing formal procedures and obtaining cultural heritage status are monuments. That is why the author, on the example of cultural heritage – monuments of history, architecture of the underground monastery in the tract «Gethsemane Garden» describes the process of institutionalization of such objects. The institutionalization of cultural heritage means the process of defining and consolidating legal norms, rules, statuses, bringing them into a system capable of acting in the direction of satisfying the need of modern society for the preservation of cultural heritage objects.
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Tost, Michael, Gloria Ammerer, Alicja Kot-Niewiadomska, and Katharina Gugerell. "Mining and Europe’s World Heritage Cultural Landscapes." Resources 10, no. 2 (February 23, 2021): 18. http://dx.doi.org/10.3390/resources10020018.
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This study examines the four cases of World Heritage protected cultural landscapes in Europe that are characterized by mining in order to identify the role mining plays today in such cultural landscapes, the legal requirements for their protection, and also the exploration and exploitation in these areas and the differences that exist between the five European countries concerned. Using a qualitative comparative case study approach, the authors find that active mining is taking place in the Austrian case, and exploration is happening adjacent to the German/Czech protected cultural landscape. The legal protection of the cases is mainly based on heritage and monument protection legislation as well as environment protection legislation including the Natura 2000 network. Differences exist, as other than in Germany, exploration and mining could be allowed in protected areas, which is also contrary to the position of the United Nations Educational, Scientific, and Cultural Organization, and the International Council on Mining and Metals.
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Nuraeni, Nuraeni, and Rona Ikram Putri. "The International Dimension of Communal and Traditional Intellectual Property Rights Protection in Indonesia." Intermestic: Journal of International Studies 2, no. 1 (November 29, 2017): 74. http://dx.doi.org/10.24198/intermestic.v2n1.6.
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This article discusses the international dimensions of communal intellectual property rights protection in Indonesia. In this context, UNESCO as an international actor has been actively involving in cultural heritage preservation, including in the case of Batik and Wayang. Nevertheless, the most important issue is how to encourage policymakers to provide an appropriate system in conserving and protecting traditional communities and their heritages. Through the literature review, this study has found that international actors such as UNESCO have contributions in formulating policy framework regarding the efforts of protecting cultural heritage and traditions as part of communal intellectual property rights in Indonesia, especially to provide international legal instruments.
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Ławicka, Anna. "LEGAL PROTECTION OF CULTURAL HERITAGE PROPERTIES IN SPANISH STATE MUSEUMS." Muzealnictwo 59 (May 10, 2018): 48–53. http://dx.doi.org/10.5604/01.3001.0012.0331.
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Property of cultural interest is a pearl in the crown of the Spanish Historical Heritage, covered by the highest level of protection granted on the basis of both state-wide and autonomous law. State museums are institutions that not only take under their wing the most valuable properties, but they also constitute, as a whole, the property of cultural interest. This article aims to describe the legal structure of the historical heritage protection in Spain, define the place of the museum in this system, the tasks imposed on museums, as well as issues pertaining to their management.
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LANDMANN, Tomasz. "LEGAL REGULATIONS IN THE FIELD OF CULTURAL HERITAGE PROTECTION IN POLAND IN THE YEARS 1944-1989 IN TERMS OF CULTURAL SECURITY OF THE COUNTRY." Journal of Science of the Gen. Tadeusz Kosciuszko Military Academy of Land Forces 186, no. 4 (October 2, 2017): 88–102. http://dx.doi.org/10.5604/01.3001.0010.7221.
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The article attempts to analyze the meaning of legal regulations developed in the field of cultural heritage protection in the years 1944-1989. It has been argued that these years were markedly different in terms of law in the sphere of cultural heritage protection than the period between 1918 and 1939 analyzed by the author in another article. The author decided to refer to legal acts and literature in the form of elaborations and magazines in the field of monuments protection. The specificity of the chosen subject and problem required the choice of a scientific method in the form of legal acts analysis, supported by literature review. The presented information shows that the period between 1944 and 1989 was characterized by a different approach of the Polish authorities towards the issue of cultural heritage protection in comparison to the years 1918-1939. The mentioned protection had an instrumental character and was one of the political-ideological tools influencing the society. Furthermore, the growth of legal protection of cultural assets in the age of the PRL took place in the conditions of centralized administration that adopted the idea of social distribution of many such assets, which led to devastation of numerous immovable monuments and sometimes also the antique furnishings. All the introduced legal regulations required a thorough change and redefinition of the legal status after the political-structural transformation of 1989.
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Wenzel, Leva J. "Kulturgüter als Quasi-Subjekte. Herausforderung des Kulturgüterschutzes durch Terrorismus." Zeitschrift für Kunstgeschichte 83, no. 3 (September 25, 2020): 372–84. http://dx.doi.org/10.1515/zkg-2020-3006.
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AbstractOver the past decades, cultural heritage has increasingly become a primary target of terrorist destruction. As such attacks not only hit the cultural objects themselves, but also people and societies inherently associated with them, this article calls for a shift of emphasis in protection of cultural property from mere material substance protection to the relationship between humans and cultural objects. To this end, the present work rethinks cultural heritage as a hybrid entity between legal object and legal person, i. e., as material agency. The article takes a critical view of the traditional juridical distinction between legal object (res) and legal person (persona), and of material and immaterial cultural heritage. By taking full advantage of the legal potential of these four aspects, and reflecting on the recent ruling of the International Criminal Court in The Hague regarding the terrorist destruction of Timbuktu, the article provides a springboard toward an anthropological transformation of the protection of cultural property.
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Aznar, Mariano J., and Ole Varmer. "TheTitanicas Underwater Cultural Heritage: Challenges to its Legal International Protection." Ocean Development & International Law 44, no. 1 (January 2013): 96–112. http://dx.doi.org/10.1080/00908320.2013.750978.
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K., RYABTSEVA. "THE MAIN AREAS OF ACTIVITY OF THE DEPARTMENT OF STATE PROTECTION OF THE CULTURAL HERITAGE OF THE ALTAI REGION IN 2020 YEAR (RUSSIA)." Preservation and study of the cultural heritage of the Altai Territory 27 (2021): 86–97. http://dx.doi.org/10.14258/2411-1503.2021.27.14.
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The article devotes to the main results of the work of the Department of State Protection of the Cultural Heritage of the Altai Territory, created in 2017. The main areas of activity are the implementation of powers for state supervision over the state, maintenance and use of cultural heritage sites, measures for state protection, accounting and popularization, an increase of the number of repair and restoration work carried out, and the establishment of responsibility for violations of the requirements of protective legislation. During the period of the department’s work, there has been a positive trend in the main areas of activity for the protection of historical and architectural sites in the Altai Region. As part of improving the regional regulatory legal framework, the department has prepared more than 1000 regulatory legal acts. In the region, the beginning of the formation of judicial practice of bringing to responsibility for the facts of illegal archaeological field work, as well as transactions with archaeological objects in violation of the requirements established by the legislation of the Russian Federation. This laid the foundation for the legal basis for the effective protection of the interests of the state in the field of state supervision over the circulation of cultural values and archaeological objects. Keywords: cultural heritage objects, state supervision, licensing activities, regulatory legal acts, security obligations, objects of protection, territory boundaries, protection zones, preservation, restoration, repair
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Makarov, S. "HISTORICAL AND CULTURAL TERRITORIES: ADMINISTRATIVE AND LEGAL PROTECTION REGIMES IN THE LEGISLATION ON CULTURAL HERITAGE OBJECTS." Bulletin of Belgorod State Technological University named after. V. G. Shukhov 5, no. 8 (August 4, 2020): 32–45. http://dx.doi.org/10.34031/2071-7318-2020-5-8-32-45.
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This article examines the problems of classification and establishment of administrative and legal regimes for the protection of various historical and cultural territories provided for by the legislation on the state protection of cultural heritage objects. As a result of the analysis of international legal acts, it is concluded that some provisions of the Russian legislation do not fully comply with international rules. The problem of legal regulation in terms of such territorial (planar) objects of cultural heritage as works of landscape architecture and landscape gardening is highlighted. Examples of a number of foreign countries with significant experience in establishing historical zones and cultural landscape protection are given. The indicated experience makes it possible to identify the redundancy of some provisions of the Russian legislation relating to historical settlements and historical and cultural reserves. The article offers the author's definition of historical and cultural territories, and also puts forward a number of proposals to change Federal legislation, in particular, to adjust the concept of a landmark and its types of objects, the legal regime of a landmark, to make changes to the legislation on museums- reserves, as well as to abolish the rules relating to historical and cultural reserves. The paper identifies promising areas for further research on this topic and ways to improve legislation on the protection of cultural heritage.
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Landmann, Tomasz. "Legal regulations in the field of cultural heritage protection in Poland after 1989 – evaluation attempt." Scientific Journal of the Military University of Land Forces 187, no. 1 (March 1, 2018): 75–91. http://dx.doi.org/10.5604/01.3001.0011.7360.
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This article attempts to analyze the legal regulations developed in the field of cultural heritage protection after 1989, with particular reference to the acquis after 2003. A thesis has been formulated that the period after 1989 was characterized by a clear redefinition of objectives and priorities in the field of cultural heritage protection compared to the period of the People’s Republic of Poland. To prove the thesis, the author referred to legal acts and jurisprudence, as well as to literature based on studies and articles from scientific journals on the legal protection of monuments. The research methods used were the legal acts analysis method and the literature analysis method. The presented content shows that the issue of legal protection of cultural heritage in Poland after 1989 was treated as one of the most important aspects of the long-term cultural policy of the state, although the work on the new law lasted for a relatively long time, 14 years after the political and structural transformation. The 2003 Act regulated a number of important issues regarding the protection of monuments and the care for monuments, redefining, and in many aspects setting, new directions in the field of cultural heritage protection in Poland. At the same time the legislator rejected the possibility of continuing the direction in this sphere, which had been chosen in the period between 1944 and 1989.
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Ryška, Ivan. "Shift from Cultural Property to Cultural Heritage and its Possible Consequences for International Criminal Law." Polish Review of International and European Law 10, no. 2 (December 18, 2021): 37–61. http://dx.doi.org/10.21697/priel.2021.10.2.02.
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The article examines the content of terms ‘cultural property’ and ’cultural heritage’. It illustrates the continual development in the protection of cultural property that evolved into the concept of cultural heritage. The first part of the article describes differences between the two notions and explains why the term ’cultural heritage’ is more suitable for the current approach to protection of cultural expressions. The second part of the article deals with possible consequences that the conceptual shift from cultural property to cultural heritage can bring to protection under International Criminal Law. It argues that despite the wording of relevant legal documents, it does not explicitly work with the term ’cultural heritage’. The author notes that jurisprudence of international criminal tribunals has already been recognizing this concept and reflecting upon the extent of the term in some of their decisions.
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Spitra, Sebastian M. "Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 2-3 (October 21, 2020): 329–54. http://dx.doi.org/10.1163/15718050-12340154.
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Abstract This article provides a new narrative for the history of cultural heritage law and seeks to contribute to current legal debates about the restitution of cultural objects. The modern protection laws for cultural objects in domestic and international law evolved in the 19th and 20th century. The article makes three new arguments regarding the emergence of this legal regime. First, ‘civilisation’ was a main concept and colonialism an integral part of the international legal system during the evolution of the regime. The Eurocentric concept of civilisation has so far been an ignored catalyst for the international development of cultural heritage norms. Second, different states and actors used cultural heritage laws and their inherent connection to the concept of civilisation for different purposes. Third, the international legal system of cultural heritage partly still reflects its colonial roots. The current restitution discussions are an outcome of this ongoing problematic legal constellation.
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Perperidou, Dionysia-Georgia, Stavroula Siori, Vasileios Doxobolis, Fotini Lampropoulou, and Ioannis Katsios. "Transfer of Development Rights and Cultural Heritage Preservation: A Case Study at Athens Historic Triangle, Greece." Heritage 4, no. 4 (November 22, 2021): 4439–59. http://dx.doi.org/10.3390/heritage4040245.
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History and the modern world co-exist in Greece’s landscape. The urban spaces of Greek cities contain structures from ancient history alongside contemporary constructions, but intense urban development from the 1960s onwards, as in the historic center of Athens, has led to imbalances with respect to cultural heritage protection. The 1975 Greek Constitution defined the preservation and protection of the cultural environment as a constitutional mandate, and severe restrictions on the exploitation of private properties deemed to be of historical or architectural importance were imposed. Property owners were deprived of their property development rights (DRs), whereas the preservation and conservation of protected constructions became costly, resulting in abandoned buildings and a downgraded urban environment. As the debate over cultural heritage protection and urban regeneration is more topical than ever, the recent legal reintroduction of the transfer of development rights (TDRs) provides new opportunities for property exploitation with respect to cultural heritage protection legislation. Herein is presented a methodological framework on the classification and 3D visualization and representation of DRs and TDRs in relation to the cultural heritage protective framework and its implementation in a selected area of Athens’ historic center. Legal and technical aspects that affect 3D DRs and TDRs are emphasized as key elements in the successful implementation of the TDR process.
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Mazur, T. V. "Legal support of the cultural heritage protection in the Ukrainian SSR (second half of the 1950s – end of the 1980s)." Scientific Papers of the Legislation Institute of the Verkhovna Rada of Ukraine, no. 1 (February 14, 2020): 19–28. http://dx.doi.org/10.32886/instzak.2020.01.02.
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The research covers the development of the legislation of the Ukrainian SSR cultural heritage protection problems. The rapid development of sectoral legislation in the second half of the twentieth century was driven by the need of preservation of cultural heritage sites, damaged during the Second World War, or affected by the improper use by various institutions and organizations.The purpose of the article is to analyze the specifics of legal regulation of cultural heritage protection in the Ukrainian SSR in the second half of the 1950 s – the end of the 1980 s.Scientific novelty. The analysis of the legislative acts of the Verkhovna Rada of the USSR and the Council of Ministers of the USSR, as well as by-laws of the Ministry of Culture of the USSR revealed the specifics of the legal regulation of cultural heritage protection in the Ukrainian SSR in the second half of the 1950 s – late 1980s, which consisted of application of separate national legal terminology. The main directions of legal regulation of cultural heritage protection during the period under review are singled out.Conclusions. Soviet legislation on the protection of cultural heritage, as any sectoral legislation, was unified, and the republican special-purpose laws duplicated Union norms. The legislation of the Ukrainian SSR of the 1950s – 1980s concerning the cultural heritage protection was developed in accordance with the Union legislation, as well as the decrees and orders of the USSR Government. At the same time, both federal and republican legislation had basic international rules, including the provisions of the 1972 Convention concerning the Protection of World Cultural and Natural Heritage, signed by the Soviet Union. The special aspect of the the Ukrainian SSR legislation was the consideration of some national traditions, including terminological ones. This could be noticed in the name of the Law of the Ukrainian SSR from July 13, 1978 «On the Protection and Use of Monuments of History and Culture», in which instead of the term «памятник» (monument) in the Russian language and the law, the term «monument» was introduced more wide term «пямятка» (site). In general, due to the consistent policy on conservation and extensive legislation, we have been able to preserve the destruction of monuments that remind the thousand-year history and culture of Ukraine.
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Soares, Maria Gláucia Barbosa, Lourivaldo da Silva Santos, Leila Almeida de Sousa, José Heder Benatti, Heleny Ponciano Alves, and Elba Vieira Mustafa. "Cultural environment: Legal Protection of Intangible Cultural Heritage in Amazonas and Popular Participation." International Journal of Advanced Engineering Research and Science 6, no. 7 (2019): 635–39. http://dx.doi.org/10.22161/ijaers.6771.
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Porsanger, Jelena, and Pirjo Kristiina Virtanen. "Introduction—a holistic approach to Indigenous peoples’ rights to cultural heritage." AlterNative: An International Journal of Indigenous Peoples 15, no. 4 (December 2019): 289–98. http://dx.doi.org/10.1177/1177180119890133.
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This introductory article examines key issues related to Indigenous conceptualisations of cultural heritage, especially intergenerational aspects, Indigenous concepts of time, Indigenous knowledge, heritage language, and relationships with the environment. It urges to reflect on how these aspects are integrated when legal mechanisms protecting and promoting Indigenous cultural heritage have been designed and developed. The article also discusses the ability to form resistance through Indigenous cultural heritage. Our examples, which primarily come from the Sámi and also from global Indigenous perspectives, all point to the importance of a holistic approach to guarantee Indigenous peoples’ rights to their cultural heritage. Finally, we discuss the crucial role of research and appropriate research methodologies in contributing to better protection of Indigenous cultural heritage.
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Rakić, Branko. "Cultural heritage: Right, identity and dignity: Right of access to and enjoyment of cultural heritage as a human right." Socioloski pregled 54, no. 4 (2020): 1210–59. http://dx.doi.org/10.5937/socpreg54-30009.
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In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.
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Strasser, Peter. "“Putting Reform Into Action” — Thirty Years of the World Heritage Convention: How to Reform a Convention without Changing Its Regulations." International Journal of Cultural Property 11, no. 2 (January 2002): 215–66. http://dx.doi.org/10.1017/s0940739102771427.
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The World Heritage Convention, revolutionary in its conception thirty years ago, has today become the most widely accepted international legal instrument for the protection of cultural and natural heritage. Now, however, it requires adjustments if its successful implementation is to continue. These changes must not modify the Convention but must achieve an equivalent level of implementation. This article focuses on three issues, which are currently the subject of ongoing discussions: the representivity of the World Heritage List, equitable representation in the World Heritage Committee, and revision of the Operational Guidelines. The author not only describes the procedures for reform and the results achieved so far, but he also compares the legal provisions of this Convention to the other international legal instruments for the protection of cultural heritage.
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Ivanc, Tjaša, and Jose Caramelo Gomes. "Valuing Immovable Cultural Heritage as a Generator of Opportunities for the Revival of Local Identity." Lex localis - Journal of Local Self-Government 13, no. 3 (July 31, 2015): 719–40. http://dx.doi.org/10.4335/13.3.719-740(2015).
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Value is the core of heritage conservation; it is what justifies legal regulations for conserving built heritage and financial investments for its maintenance and suggests usefulness and benefits of the heritage as a resource for regional growth and sustainability. Classifying (by means of proclamation) immovable property as being a part of monumental heritage has been the central instrument of heritage protection law. The basis of protection is identifying the (object of) public interest, and this identification ex lege commences legal protection, i.e. conservation regimes are established on proclaimed immovable monuments. Even though values are widely understood to be critical to understanding for heritage conservation, there is but little knowledge on how the whole range of values may be assessed in the context of decision-making and establishing the significance of the built heritage in question. This paper seeks to examine the role of built heritage as property development and its impact on local identity. A critical review of financial management and the attitude of state and local government towards built heritage is also undertaken.
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Blake, Janet. "The Protection of the Underwater Cultural Heritage." International and Comparative Law Quarterly 45, no. 4 (October 1996): 819–43. http://dx.doi.org/10.1017/s0020589300059716.
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In November 1995 a draft resolution was presented to the 28th General Conference of UNESCO which, among other matters, dealt with the organisation's future activities in the field of the underwater cultural heritage.1 In conjunction with this resolution, the text of a draft Convention for the Protection of the Underwater Cultural Heritage prepared by the International Law Association (ILA) was presented to the General Conference as the possible basis for a new international convention on the subject.2 Annexed to this draft Convention text was the Charter for the Protection and Management of the Underwater Cultural Heritage prepared by the International Council of Monuments and Sites (ICOMOS)3 to accompany the ILA draft Convention and serve as a set of criteria of good practice to be applied by States parties to the Convention. The General Conference adopted the draft resolution without any change and this therefore forms the basis for future deliberations within UNESCO over this issue, the question whether to draft an international convention on the basis of the ILA draft text having been a central part of the deliberations. Subsequent to the adoption of the resolution, meetings have been held between UNESCO and various bodies with an interest in the issue (such as the International Maritime Organisation and the International Oceanographic Commission as well as the UN Law of the Sea office). Following these consultations, it was agreed to hold a joint meeting of representatives of these organisations with chosen experts in order to examine the ILA draft Convention along with any other material relevant to a new legal instrument for the protection of the underwater cultural heritage.
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Jagielska-Burduk, Alicja. "Uwarunkowania upowszechniania i promocji dziedzictwa kulturowego a narzędzia ICT – między prawem a ekonomią." Opolskie Studia Administracyjno-Prawne 14, no. 4 (2) (December 15, 2016): 79–90. http://dx.doi.org/10.25167/osap.1313.
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This paper deals with legal and economic considerations dissemination and promotion of cultural heritage. The aim of the paper was to analyse if the existing national strategy concerning cultural heritage protection accepts the use of new technologies in cultural heritage management and education of society.
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Mazur, T. V. "Formation and development of legal protection of cultural heritage in Ukraine." Scientific Papers of the Legislation Institute of the Verkhovna Rada of Ukraine, no. 3 (May 29, 2020): 37–49. http://dx.doi.org/10.32886/instzak.2020.03.05.
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Метою статті є аналіз становлення та розвитку пам’яткоохоронного законодавства в Україні.
Наукова новизна статті полягає в аналізі основних законодавчих і підзаконних актів України, завдяки яким відбулося реформування сфери охорони культурної спадщини в Україні та приведення її у відповідність до міжнародних норм і стандартів.
Висновки. У законодавчому забезпеченні охорони культурної спадщини України можна до певної міри умовно виділити кілька етапів. Перший розпочався із прийняттям Декларації про державний суверенітет України від 16 липня 1990 р., яка започаткувала зміну державних підходів до культурної спадщини України, задекларувавши культурне відродження українського народу й необхідність повернення національних, культурних та історичних цінностей України, що знаходяться за її межами. Водночас базовим актом стали Основи законодавства України про культуру від 14 лютого 1992 р. Саме Основи законодавства України про культуру визначили правові засади діяльності органів публічної влади у сфері охорони культурної спадщини, а також започаткували процес формування Державного реєстру національного культурного надбання. Конституція України від 28 червня 1996 р. більш послідовно, у порівнянні з Конституцією УРСР, забезпечила гарантії культурних прав громадян та обов’язки держави щодо охорони культурної спадщини. На цьому етапі було ратифіковано ряд міжнародних актів у сфері охорони культурної спадщини, а також прийнято національні законодавчі й підзаконні акти, спрямовані на імплементацію цих норм у національне законодавство України, зокрема Закон України «Про вивезення, ввезення та повернення культурних цінностей» від 21 вересня 1999 р. Другий етап розпочався з ухваленням Закону України «Про охорону культурної спадщини» від 8 червня 2000 р., в якому враховані основні тенденції міжнародно-правового забезпечення охорони культурної спадщини, зокрема положення Конвенції ЮНЕСКО про охорону всесвітньої культурної і природної спадщини 1972 р. Законом урегульовані права та обов’язки суб’єктів охорони культурної спадщини, а також порядок формування Державного реєстру нерухомих пам’яток України за категоріями національного й місцевого значення. На цьому етапі ухвалені й такі важливі нормативні акти, як Закон України «Про охорону археологічної спадщини» від 18 березня 2004 р. і Загальнодержавна програма збереження та використання об’єктів культурної спадщини на 2004–2010 роки, затверджена Законом України від 20 квітня 2004 р. Третій етап розпочався з ухваленням Закону України «Про культуру» від 14 грудня 2010 р. і триває донині. На цьому етапі ухвалено ряд важливих змін до законодавства, спрямованих на приведення українського пам’яткоохоронного законодавства до міжнародних норм і стандартів, зокрема щодо збереження пам’яток культурної спадщини, включених до Списку всесвітньої спадщини ЮНЕСКО.
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Martynenko, I. E. "Protection of cultural heritage objects: features of the application of Belarusian and Russian legislation in the changed conditions caused by the spread of the coronavirus pandemic." Heritage and Modern Times 4, no. 4 (March 12, 2022): 383–403. http://dx.doi.org/10.52883/2619-0214-2021-4-4-383-403.
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The article examines the peculiarities of the application of legislation on the protection of cultural (historical and cultural) heritage objects during the spread of the coronavirus pandemic, paying special attention to the state protection and preservation of monuments. Based on the analysis of the legislation of the Republic of Belarus and the Russian Federation, the author formulates a conclusion about the need to define cultural heritage as an object of national security, proving that this will strengthen the state-legal protection of heritage.
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Nikovic, Ana, and Bozidar Manic. "The challenges of planning in the field of cultural heritage in Serbia." Facta universitatis - series: Architecture and Civil Engineering 16, no. 3 (2018): 449–63. http://dx.doi.org/10.2298/fuace180710021n.
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Serbia is characterized by a rich cultural heritage and cultural diversity, as well as by a developed system of protecting cultural property. The current trend is that of a constant increase of the number of registered cultural properties under protection. Urban settlements in Serbia are characterized by specific typological characteristics and recognizable architectural typologies that are valuable architectural heritage as well as an urban identity factor. Together, protected cultural property and architectural heritage belong to a wider concept of urban heritage in the sense comprised in the modern charters on the protection of cultural heritage (HUL). The primary starting point of the paper is that the law and plans in Serbia must become more sensitive to the context. In addition to protecting registered property, the protection of buildings and other structures that are not cultural heritage should also be introduced. However, current planning practice in Serbia does not sufficiently recognize cultural heritage in the wider sense of urban heritage, nor does it affirm it as an important resource for sustainable development. By analyzing the planning context, the problems and challenges in terms of institutional, legal and governance frameworks, as well as planning methodologies, can be identified. The paper is a contribution to the contextual analysis within the National Strategy for the Sustainable and Integral Urban Development of Serbia (currently developing within a wider team of experts), with the aim of affirming the cultural potential of Serbia and incorporating the topic of cultural heritage as a resource for sustainable development into Serbia?s development programs and projects.
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Soares, Anauene Dias ,. Ivette Esis Villarroel, and Ivette Esis Villarroel. "Brazil’s International Cultural Heritage Obligations and the Potential Use of Alternative Dispute Resolution Mechanisms for Illicit Trafficking Disputes." Santander Art and Culture Law Review 7, no. 2 (December 31, 2021): 77–98. http://dx.doi.org/10.4467/2450050xsnr.21.019.15264.
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The protection of cultural heritage from illicit trade is today a global imperative, and the return of unlawfully removed cultural goods is essential to enforce cultural rights. Indeed, every community has the right to enjoy its cultural heritage and keep alive its collective memory. While referring to these general objectives of contemporary international cultural heritage law and policy, this article seeks to explore those instruments of the Brazilian national legislation that could be effectively applied to combat the illicit trafficking of cultural goods. To this end, it first outlines the relationship between Brazil’s international law obligations and its national legislation in respect of cultural heritage. In other words, it explains how these obligations have been implemented in the national legal system and to what extent they have affected actual regulatory solutions. Next this article identifies and debates, through hermeneutic analysis, those legal provisions and instruments of the Brazilian law which could be used to prevent the illicit transfer of cultural goods. It also recalls the Banco Santos case, which provides a clear example of the shortcomings and pitfalls of the current legal system for the protection of cultural heritage in Brazil. Finally, this article advocates mediation as an alternative method of cultural heritage-related dispute settlement, particularly regarding cases of illicit trade.
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Trzciński, Maciej. "Próba oceny nowych rozwiązań w zakresie karnoprawnej ochrony dziedzictwa kultury." Nowa Kodyfikacja Prawa Karnego 51 (September 17, 2019): 103–22. http://dx.doi.org/10.19195/2084-5065.51.7.
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New solutions in the field of cultural heritage protection law: an assessmentIn the years 2017–2018, new regulations appeared in the system of criminal legal protection of cultural heritage. It seems that some of them should significantly strengthen the protection of cultural heritage, in particular the increasing of penalties for the destruction of monuments, as well as the determination that carrying out searches for monuments without appropriate permission is treated as a crime since 2018. Unfortunately, the significant dispersion of criminal laws and the lack of an appropriate chapter in the penal code which would refer to crime against cultural heritage is still a serious drawback of the functioning system.
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Roman, Erez. "The Journey of Cultural Heritage Protection as a Common Goal for Human Kind: Rosenberg to Al-Mahdi." Groningen Journal of International Law 7, no. 1 (August 26, 2019): 112–23. http://dx.doi.org/10.21827/5d5141dfbdcbf.
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This paper intends to examine and analyse the role, if any, played by motive and intent in the legal qualification and prosecution of cultural heritage destruction. The ongoing power struggles in the Near-East and the Northern Africa regions have had devastating effects on the people living in the region as well as on cultural heritage sites. Nevertheless, such conflict-related destruction of cultural heritage is not new, as exemplified by the persecution of Jews prior to the Second World War. Different legal instruments such as the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and the United Nations Security Council Resolution 2347 were adopted to protect cultural heritage barring importance for all of humankind. By comparing these instruments and assessing different cases, I will study the evolving role of these factors in the legal qualification and prosecution of cultural heritage destruction. As such acts continue to take place in countries such as Syria and Afghanistan and cause the destruction of a millennium’s worth of cultural memorabilia, a better understanding of the reasons behind such occurrences is key to effective prosecution.
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Gonçalves, Rubén Miranda. "LEGAL ASPECTS OF THE UNDERWATER CULTURAL HERITAGE IN SPAIN. CURRENT STATE LEGISLATION." Veredas do Direito: Direito Ambiental e Desenvolvimento Sustentável 14, no. 30 (December 18, 2017): 39–51. http://dx.doi.org/10.18623/rvd.v14i30.1176.
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The Underwater Cultural Heritage is a kind of heritage that is little studied and, for that reason, protection to Underwater Cultural Heritage is yet one of the greatest novelties of the present times. There was no standard to regulate it at the international level by 2001. In turn, at a domestic level, the legislation of the Spanish State fails to have a law to protect it in a specific way, except for Law 16/1985 dated June 25 and issued by the Spanish Historic Heritage - LPHE, which includes it within the archeological heritage.The present legal paper addresses the legislation in force in the Spanish State on Underwater Cultural Heritage, with special attention given to Law 16/1985 dated June 25 of the Spanish Historic Heritage.
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Bilash, Oleksandr, Tetyana Karabin, and Mykhailo Savchyn. "Preservation and Protection of the Cultural Heritage of Religious Purposes in Ukraine." Kościół i Prawo 10, no. 2 (December 15, 2021): 9–30. http://dx.doi.org/10.18290/kip21102.1.
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The article deals with the current issues of preservation and protection of the cultural heritage of religious purpose in Ukraine at the modern stage and attempts to formulate legal problems and propose their solutions. The authors conclude that the proper preservation and protection of cultural heritage is fraught with the following legal obstacles. The first is the question of terminological certainty, the question of the unification of concepts. The second problem is the revision of the classification of landmarks into species and the separation of such species as religious landmarks (religious and church-life). The third problem is the lack of a generalized methodology for determining the modes of use and monitoring of the landmark depending on its type and kind, as well as the imperfection of legislation governing administrative liability for violations of cultural heritage.
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Chulisova, Yulia A. "Constitutional and legal protection of intangible cultural heritage objects in Russia: Problems and prospects of development." Izvestiya of Saratov University. Economics. Management. Law 22, no. 1 (February 21, 2022): 114–22. http://dx.doi.org/10.18500/1994-2540-2022-22-1-114-122.
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Introduction. The complexity of determining the objects of intangible heritage and establishing organizational and legal mechanisms for their protection is due to the fact that we are talking about non-materialized processes and phenomena for which it is impossible to accurately calculate the degree of preservation. This is how they differ from traditional museum objects and monuments of culture and art, therefore, it is difficult to develop a set of measures aimed at their conservation. Theoretical analysis. A comparative legal analysis of the definitions of intangible heritage in the Convention and the Model Law of the CIS countries allows us to conclude that there is a conceptual teleological difference in approaches to understanding intangible heritage that should be protected: exclusively empirical, in which any manifestation of folk culture that has uniqueness and originality is protected; complex, including axiological, ethical, normative and empirical aspects, assuming a certain assessment of various traditions, customs, folklore heritage, plots and images. Empirical analysis. Consideration of federal legislation has revealed the fragmentary nature of the norms governing relations for the preservation, popularization and development of the intangible cultural heritage of the peoples of the Russian Federation. The absence of a single legal concept of “intangible cultural heritage” is a significant gap in the current legislation on culture and does not contribute to the effective protection of its objects. The envisaged Register (catalog) of Intangible Heritage Objects of the Peoples of the Russian Federation is at the initial stage of its formation. Results. According to the results of the study, the author concludes that it is currently necessary to develop a unified concept for the protection of intangible cultural heritage, which would combine unified universal approaches to the protection of the intangible cultural heritage of the peoples of Russia and the specifics of their protection, taking into account the uniqueness and originality of objects, and would contribute to increasing interest of people of such culture in its preservation and popularization.
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Bevz, Olena. "Legal Aspects of the Executive Bodies System Formation in the Area of the Use and Protection of Historical and Cultural Lands in Ukraine." Przegląd Prawa Administracyjnego 3 (September 5, 2021): 31–41. http://dx.doi.org/10.17951/ppa.2020.3.31-41.
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This article aims to determine the system of the state bodies of executive power in terms of their competence in cultural and historical land usage and protection, taking into account the latest changes in Ukrainian legislation. The author emphasizes that the administration of lands designated for historical and cultural use and protection should take place within a framework of executive bodies specifically authorized as regards cultural heritage protection. Special attention is drawn to the powers of such state bodies like the Ministry of Culture and Information Policy of Ukraine, the State Service for the Protection of Cultural Heritage of Ukraine, and the State Inspection for Cultural Heritage of Ukraine. The article includes a historical and contemporary overview of central executive bodies that ensure the formation and implementation of state policy in the sphere of cultural heritage protection. This scientific study focuses on the constant changes that occur in the system of executive power. The results of the investigation show that these changes in Ukraine take place irregularly today and are not conducive to the efficient use and protection of lands of historical and cultural significance.
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Valeev, R., A. Mezyaev, E. Motrokhin, and A. Lestev. "International legal description of crimes in the field of culture and art." Heritage and Modern Times 4, no. 2 (July 12, 2021): 233–40. http://dx.doi.org/10.52883/2619-0214-2021-4-2-233-240.
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The article deals with international crimes related to cultural heritage. The current international legal framework for the protection of cultural heritage and the prosecution of persons, involved in cultural crimes, is being analyzed. The authors attempted to classify Che types of crimes, gave international legal characteristics to attribute the crime to the relevant field of international legal regulation, and also presented examples from legal practice. The article uses methods of interpretation of law, analytical methods, methods of comparative law, as well as classification and typology.
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Sulistyo, A. D. Agung, and Arie Afriansyah. "KOMITMEN INDONESIA DALAM PELINDUNGAN WARISAN BUDAYA BAWAH AIR DI PERAIRAN INDONESIA." Veritas et Justitia 7, no. 2 (December 27, 2021): 271–96. http://dx.doi.org/10.25123/vej.v7i2.4339.
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This article discusses the extent to which Indonesia provides legal protection to prehistoric and historical object, especially shipwrecks, found within its national waters. It is known that Indonesia has not decide to ratify the UNESCO 2001 Convention on the Protection of Underwater Cultural Heritage (UNESCO 2001 Convention). Legal audit performed to existing national rules and regulations reveals that, legally wise, Indonesia has shown its commitment to ensure that underwater cultural heritage within its maritime zones enjoy protection. In addition, it may be argued that therefore Indonesia is not in a position having to ratify the UNESCO 2001 Convention soon.
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Martin, Josh B. "Protecting Outstanding Underwater Cultural Heritage through the World Heritage Convention: The Titanic and Lusitania as World Heritage Sites." International Journal of Marine and Coastal Law 33, no. 1 (March 12, 2018): 116–65. http://dx.doi.org/10.1163/15718085-13301069.
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Abstract Despite growing recognition of the global value of underwater cultural heritage (uch), along with intensified international efforts to ensure its protection, the possibility of its inscription on the World Heritage List has never been comprehensively examined. Arguing that the unesco 2001 Convention on the Protection of Underwater Cultural Heritage (uch Convention) is insufficient alone to protect globally outstanding wrecks, such as the Titanic and the Lusitania, this article examines in detail the many legal and practical challenges involved with listing such sites under the World Heritage Convention. By reviewing key international agreements such as the uch Convention, World Heritage Convention, Law of the Sea Convention and the International Titanic Agreement, it draws the conclusion that it is the improved offshore management of uch—through ‘cultural’ marine protected areas operating under the framework of the uch Convention—which would open the possibility of nomination to the World Heritage List.
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Green Martínez, Sebastián. "Cultural Heritage Challenges in Investment Arbitration: Review of Valentina Vadi'sCultural Heritage in International Investment Law and Arbitration." Israel Law Review 50, no. 2 (June 1, 2017): 227–44. http://dx.doi.org/10.1017/s0021223717000024.
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International investment law is usually oriented to protect investors while cultural heritage law focuses on the protection of unique items and activities of cultural value. These two subsystems coexist and increasingly intersect within the international legal system, mainly in the context of investment arbitration proceedings, where domestic cultural policies are balanced against the interests and rights of foreign investors. The interplay between these subsystems entails legal complexities and challenges and, as a result of the increasing number of cultural heritage disputes, demands new approaches in the fields of cultural governance, international relations and dispute settlement. These issues are thoroughly addressed by Valentina Vadi in her bookCultural Heritage in International Investment Law and Arbitration(Cambridge University Press 2014).
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Mihály, Mária, and Henrietta Galambos. "Hungary’s Place and Role in the International Legal Protection of Cultural Heritage." Hungarian Yearbook of International Law and European Law 4, no. 1 (December 2016): 59–89. http://dx.doi.org/10.5553/hyiel/266627012016004001004.
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Rambelli, Gilson. "Safeguarding the Underwater Cultural Heritage of Brazil: legal protection and public archaeology." Museum International 60, no. 4 (December 2008): 70–80. http://dx.doi.org/10.1111/j.1468-0033.2008.00667.x.
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Kim, Su Kab. "A Study on the Legal Policy for Protection of Intangible Cultural Heritage." Institute for Legal Studies 35, no. 1 (March 31, 2018): 77–105. http://dx.doi.org/10.18018/hylr.2018.35.1.077.
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XU, Bing-xuan. "On The Legal Protection Of Korean-Chinese Ethnic Minority Intangible Cultural Heritage." Wonkwang University Legal Research Institute 34, no. 1 (March 23, 2018): 181–91. http://dx.doi.org/10.22397/wlri.2018.34.1.181.
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Menska, O. A. "STATE POLICY FOR THE PROTECTION OF CULTURAL HERITAGE: POLITICAL AND LEGAL ASPECTS." States and Regions. Series: Public Administration, no. 1 (2021): 57–62. http://dx.doi.org/10.32840/1813-3401.2021.1.9.
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Bonaviri, Gianluigi Mastandrea, and Hani El Debuch. "Urban Warfare and Cultural Heritage." McGill GLSA Research Series 1, no. 1 (November 22, 2021): 1–36. http://dx.doi.org/10.26443/glsars.v1i1.143.
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Urbanization is a relentless trend: while cities grow and expand, armed conflicts spill into urban areas, making cities the battlefields of our time. This has warranted the creation of new warfare tactics, which challenge the basic principles of International Humanitarian Law (IHL), and cause devastating consequences to civilian population, hospitals, schools, infrastructures, and cultural heritage.After having secured a thorough definition of “urban warfare”, still lacking in international law, this paper will explore the legal and political consequences that this phenomenon entails, paying particular attention to the protection of urban cultural heritage.During urban warfare, cultural sites are often destroyed as specific military targets, especially by Armed Non-State Actors (i.e. Palmyra) or transformed into battlefields (i.e. Aleppo and the Damascus Citadels). Moreover, urban cultural heritage is increasingly suffering the reverberating effects of armed attacks, as shown in Sana’a, Mosul, Raqqa, Gaza, Sabratha, Lubumbashi and Donetsk.To contrast this scenario, a reassessment of local, national, and international regulations is required. The 1954 Hague Convention and its Protocols, together with the 1977 Additional Protocols to the 1949 Geneva Conventions, oblige States to guarantee the protection of cultural heritage but lack any specific provision concerning urban warfare, where it is actually more threatened.Guaranteeing accountability for perpetrators of violations is also crucial. With reference to the destruction of mausoleums in Timbuktu in 2012, the International Criminal Court referred to armed attacks against urban cultural heritage as a war crime for the first time. No other judgments like this were made by the ICC though, regardless of the letter of intent signed with UNESCO (2018), still poorly implemented to date.This paper sets out to outline innovative and concrete solutions to guarantee the protection of urban cultural heritage, particularly through a better implementation and/or a revision of the relevant local, national, and international regulations. It will also explore effective ways to strengthen accountability mechanisms, thereby guaranteeing deterrent effects to future violations. Lastly, the role of international and regional organizations will be analyzed, with a view to propose pioneering practices, such as the establishment of a permanent annual forum for cooperation.
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Rohaini, Rohaini, Kingkin Wahyuningdiah, and Nenny Dwi Ariani. "The Challenges of Legal Protection on Traditional Cultural Expressions of Lampung." FIAT JUSTISIA:Jurnal Ilmu Hukum 14, no. 3 (May 15, 2020): 221. http://dx.doi.org/10.25041/fiatjustisia.v14no3.1853.
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Traditional Cultural Expressions are creations in the field of art that contain elements of traditional heritage characteristics as a national culture which are shared resources developed and maintained or preserved by certain traditional communities. In Lampung, there are various traditional cultural expressions of Lampung indigenous people that still exist. It needs to be protected due to it has unique characteristics and different from other intellectual works. Based on article 38 of Law No 14 of 2018 on Copyright, the Government of Lampung must protect and prevent unauthorized claims and misappropriation of Lampung Traditional Cultural Expression. Using the socio-legal approach, the reseach aims to examine and analyze kinds of legal protection done by Lampung Government for protecting TCE in Lampung, and the challenges of it.