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  • Author or Editor: Francesca Fiorentini x
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Abstract

This chapter analyses of more than forty EC/EU Trade Agreements with third countries currently in force, respectively divided in four groups, according to the geographical location of the countries involved and to the presence or not of annexed Cultural Cooperation Protocols. The inquiry aims at detecting, if any, the place for culture, cultural diversity and cultural heritage considerations in the EC/EU Common Commercial Policy throughout the development of this policy before and after relevant institutional events like the Treaty of Maastricht (1992), the Lisbon Treaty (2009) and the entry into force as EU law of the unesco Convention on Cultural Diversity (2007). As well-known, these institutional events enlarged the scope of the EU Common Commercial Policy – originally limited to trade in goods and progressive elimination of customs tariffs – to include cultural and audiovisual services and imposed the taking into account of cultural diversity considerations in all the EU policies, including trade policy. Therefore, the interest arises in verifying how culture, cultural diversity and, if any, cultural heritage considerations have been dealt with at the operative level within the wide array of EU Trade Agreements, and what effective use is currently being made of these notions in the context of the EU Common Commercial Policy.

In: Cultural Heritage in the European Union

This article deals with the contested status of two groups of cultural objects – a collection of priceless artworks, and fifteen church bells – originating from Istria, precisely from the present-day territory of the Slovenian and Croatian Littorals, and preserved in Italy since the turbulent, tragic times of the Second World War. It argues that the ownership title to such objects does not lie at the centre of the current controversy between Slovenia (and potentially Croatia) and Italy. Instead, it seems that the fundamental issue in this regard refers to the recognition and realization of cultural community rights to such heritage, affected by political, territorial and ethnic transformations. This article discusses various international legal regimes that might be applicable in this case of Istria’s contested cultural heritage, with special focus on the enhancement of cultural human rights and international cultural cooperation. It also touches upon the concept of procedural justice, built on the principles of participation, voice and transparency, which are perceived as crucial in negotiating and managing cultural heritage matters and controversies.

In: The Italian Yearbook of International Law Online
In: Cultural Heritage in the European Union
In: Cultural Heritage in the European Union
In: Cultural Heritage in the European Union
In: Cultural Heritage in the European Union
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
In: Cultural Heritage in the European Union

For centuries church bells have constituted an inherent element of religious and social life. Due to their artistic and pecuniary value, the bells have also been subjected to forced removal and/or pillage. This article discusses the role of church bells as vehicles of the collective memory and cultural identity of selected ethnic and religious communities in Europe which were deeply affected by the post-World War ii territorial arrangements: namely, the Italian, Slovenian and Croatian communities of Istria and Ukrainians re-settled from Poland. Against the background of these cases it explores the clashes within various layers of international law dealing with culture and cultural heritage: humanitarian law, state succession, protection of the integrity of cultural heritage sites, and human rights. Viewed through such a lens, some suggestions are offered on how to overcome these conflicts in order to enforce the cultural rights of communities and protect their right to enjoy their material and spiritual heritage.

In: International Human Rights Law Review