Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples as well with individual and collective human rights.
Leading international scholars examine the new challenges determined by that evolution, reaching beyond only tangible artistic and monumental expression and paying particular attention to the linkages between cultural heritage, cultural diversity and human rights. As such,
Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law offers a comprehensive and original overview of how the international approach to culture has evolved from a sovereignty-based idea of cultural property to a perception which emphasises the human dimension of cultural heritage.
Silvia Borelli, Ph.D. (2004), State University of Milan, is Principal Lecturer in International Law and Director of Research at the School of Law, University of Bedfordshire.
Federico Lenzerini is Professor of International Law and EU Law, University of Siena (Italy). He is Consultant to UNESCO, the Rapporteur of the ILA Committee on the Rights of Indigenous Peoples and a member of the ILA ‘Committee on Cultural Heritage Law’.
Table of contents
Table of Contents
List of Contributors
Table of Conventions and International Instruments
THE EVOLUTION OF INTERNATIONAL LAW ON CULTURAL HERITAGE
1. The Evolving International Legal Framework for the Protection of Cultural Heritage
BEYOND TANGIBLE PROPERTY:
CULTURAL DIVERSITY, INTANGIBLE CULTURAL HERITAGE AND HUMAN RIGHTS
2. Cultural Diversity as a Human Right? General Comment No. 21 of the Committee on Economic, Social and Cultural Rights
3. Of Veils, Crosses and Turbans: The European Court of Human Rights and Religious
Practices as Manifestations of Cultural Diversity
4. Food as a Cultural Choice: A Human Right to be Protected?
MARIA CLARA MAFFEI
5. Human Rights and Illicit Trade in Cultural Objects
ANA FILIPA VRDOLJAK
6. “Remedying Historical Injustice”: Ethical and Historical Considerations in Returning
7. The Tension between Communities’ Cultural Rights and Global Interests:
The Case of the Māori Mokomokai
8. The Definition of Intangible Cultural Heritage
9. The Role for Communities, Groups and Individuals under the Convention for the
Safeguarding of the Intangible Cultural Heritage
10. Culinary Traditions as Cultural Intangible Heritage and Expression of
MARIA CLARA MAFFEI
NEW DYNAMICS OF INTERNATIONAL CULTURAL HERITAGE LAW
11. The Right to Recovered Underwater Cultural Heritage: The Neglected Importance of
Article 149 of the UN Law of the Sea Convention
12. The Merits of the UNESCO Convention on the Protection of the Underwater Cultural
13. Historic Shipwrecks and the Limits of the Exclusive Rights of the Flag State
14. The Dilemma of the Right to Ownership of Underwater Cultural Heritage:
The Case of the “Getty Bronze”
15. From Landscapes to Landscape: The Evolving Concept of Landscape
in International Law
16. Safeguarding the Human Dimension of Cultural Heritage through Cooperation
17. The Human Dimension of State Succession to Cultural Property: The Balkan Lesson
18. Key Issues in the Relationship between the World Heritage Convention and Climate
19. Culture, Development and International Law: The Linkage between Investment
Rules and the Protection of Cultural Heritage
VALENTINA SARA VADI
University and research centre libraries, academics, practitioners and other experts in the fields of cultural heritage law and human rights law; museums, national institutions and policy-makers interested in these fields.