The Oxford Handbook of International Cultural Heritage Law

by Francesco Francioni, Ana Filipa Vrdoljak

Overview

This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory.

Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.

Product Details

ISBN-13:	9780198859871
Publisher:	Oxford University Press
Publication date:	09/28/2020
Series:	Oxford Handbooks
Pages:	1086
Product dimensions:	9.80(w) x 6.80(h) x 2.30(d)

About the Author

Francesco Francioni (Dr Juris Florence and LL.M Harvard) is Professor Emeritus of International Law at the European University Institute and Professor of International Cultural Heritage Law at LUISS University, Rome. He has published extensively in the field of international law and held the Chair of International Law at the University of Siena from 1980 to 2003. He was a visiting professor at the University of Texas, Austin, from 1987 to 2008 and has taught as a visiting professor at the Universities of Cornell, Oxford , Munich, and Columbia, NY. He is a legal consultant for UNESCO and has participated in the negotiation of the main treaties and protocols concerning the protection of cultural heritage of the past 25 years. In 1987 and 1988 he was President of the UNESCO World Heritage Committee.

Ana Filipa Vrdoljak is UNESCO Chair in International Law and Cultural Heritage and Professor of Law, University of Technology Sydney. She is a member of the Advisory Board, International Journal of Cultural Property (Cambridge University Press) and President of the International Cultural Property Society (U.S.). She has been Fernand Braudel Senior Fellow, Marie Curie Fellow, and Jean Monnet Fellow, Law Department European University Institute, Florence, and taught as visiting professor at Renmin Law School, University of Parma and Central European University. She has served as a legal consultant to intergovernmental organisations (including UNESCO, European Commission and UNHCHR) and national governments. She holds a Doctor of Philosophy (in Law), Bachelor of Law (Hons) and Bachelor of Arts (Fine Arts (Hons)) from the University of Sydney.

Table of Contents

1. Introduction, Ana Filipa Vrdoljak and Francesco FrancioniPart I: Historical Overview2. The Intellectual Cooperation Organisation, UNESCO and Culture Conventions: A Historical Overview, Ana Filipa Vrdoljak and Lynn MeskellPart II: Substantive Aspects3. Cultural Heritage and International Humanitarian Law, Roger O'Keefe4. Intentional Destruction of Heritage, Federico Lenzerini5. Cultural Heritage and International Criminal Law, Micaela Frulli6. Cultural Heritage and the Responsibility to Protect, James A. R. Nafziger7. Cultural Heritage and Disasters, Giulio Bartolini8. Cultural Heritage, Transitional Justice and Rule of Law, Ana Filipa Vrdoljak9. Theft and Illicit Excavation, Patty Gerstenblith10. Illicit Export, Import, and Transfer, Folarin Shyllon11. World Heritage, Francesco Francioni12. Landscapes as Cultural Heritage, Amy Strecker13. Underwater Cultural Heritage, Patrick J. O'Keefe14. Cultural Heritage and the Environment, Ben Boer15. Intangible Cultural Heritage, Janet Blake16. Language as Cultural Heritage, Bruno De Witte17. Cultural Heritage and Human Rights, Yvonne Donders18. Cultural Heritage and Indigenous Peoples, Dalee Sambo Dorough and Siegfried Wiessner19. Cultural Heritage and Women, Joseph Powderly and Rafael Braga da Silva20. Cultural Heritage and Intellectual Property, Mira Burri21. Cultural Heritage and International Investment Law, Valentina Vadi22. Cultural Heritage, Cultural Diversity, and International Trade Law, Tania VoonPart III: General International Law23. The Role of Custom and General Principles of International Law, Francesco Francioni24. Cultural Heritage and State Immunity, Riccardo Pavoni25. Cultural Heritage and State Succession, Andrzej Jakubowski26. Cultural Heritage and State Responsibility, Patrizia Vigni27. Remedies, Elisa NovicPart IV: Procedural and Institutional Aspects28. International Dispute Adjudication Mechanisms, Marc-André Renold29. The Role of Domestic Courts, Kurt Siehr30. Alternative Dispute Settlement Mechanisms, Alessandro Chechi31. Institutional Aspects, Tullio Scovazzi32. Participation of Non-state Actors, Kristin Hausler33. Codes of Ethics, Manlio FrigoPart V: Regional Approaches34. Africa, Folarin Shyllon35. Asia, Keun-Gwan Lee36. Oceania, Craig Forrest and Jennifer Corrin37. Central and South America, Lucas Lixinski38. Europe (EU and Council of Europe), Rachel Craufurd-Smith39. Middle East, Morag M. Kersel and Mounir Bouchenaki40. North America, Derek Fincham