Cultural Heritage, Cultural Rights, Cultural Diversity

New Developments in International Law

Series:

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.

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Biographical Note

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

Foreword
Table of Contents
List of Contributors
Select Abbreviations
Table of Conventions and International Instruments



PART I
THE EVOLUTION OF INTERNATIONAL LAW ON CULTURAL HERITAGE

1. The Evolving International Legal Framework for the Protection of Cultural Heritage
FRANCESCO FRANCIONI


PART II
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
LAURA PINESCHI

3. Of Veils, Crosses and Turbans: The European Court of Human Rights and Religious
Practices as Manifestations of Cultural Diversity
SILVIA BORELLI

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
Cultural Materials
ROBERT PETERS

7. The Tension between Communities’ Cultural Rights and Global Interests:
The Case of the Māori Mokomokai
FEDERICO LENZERINI

8. The Definition of Intangible Cultural Heritage
TULLIO SCOVAZZI

9. The Role for Communities, Groups and Individuals under the Convention for the
Safeguarding of the Intangible Cultural Heritage
SABRINA URBINATI

10. Culinary Traditions as Cultural Intangible Heritage and Expression of
Cultural Diversity
MARIA CLARA MAFFEI




PART III
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
NICOLA FERRI

12. The Merits of the UNESCO Convention on the Protection of the Underwater Cultural
Heritage
TULLIO SCOVAZZI

13. Historic Shipwrecks and the Limits of the Exclusive Rights of the Flag State
PATRIZIA VIGNI

14. The Dilemma of the Right to Ownership of Underwater Cultural Heritage:
The Case of the “Getty Bronze”
ALESSANDRA LANCIOTTI

15. From Landscapes to Landscape: The Evolving Concept of Landscape
in International Law
AMY STRECKER

16. Safeguarding the Human Dimension of Cultural Heritage through Cooperation
ALESSANDRO CHECHI

17. The Human Dimension of State Succession to Cultural Property: The Balkan Lesson
ANDRZEJ JAKUBOWSKI

18. Key Issues in the Relationship between the World Heritage Convention and Climate
Change Regulation
OTTAVIO QUIRICO

19. Culture, Development and International Law: The Linkage between Investment
Rules and the Protection of Cultural Heritage
VALENTINA SARA VADI

Readership

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.

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