Cultural Heritage Protection Laws and Their Principles: The first step to achieving protection

1
Cultural Heritage Protection Laws and Their
PrinciplesThe first step to achieving protection
2
What is cultural heritage?

• Can mean many things to many people
• Difficulties with defining culture and
  heritage
• International law deals with this on a case by
  case basis through 5 conventions

3
International Conventions

• 1954 UNESCO Convention for the Protection of
  Cultural Property in the Event of Armed Conflict.
  
• 1970 UNESCO Convention on the Means of
  Prohibiting and Preventing the Illicit Import,
  Export and Transfer of Ownership of Cultural
  Property (and 1995 UNIDROIT Convention)
• 1972 UNESCO World Heritage Convention
• 2001 UNESCO Convention on the Protection of the
  Underwater Cultural Heritage
• 2003 UNESCO Intangible Heritage Convention

4
The 1954 Hague Convention and Cultural Heritage
T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
5
Baghdad Museum
T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
6
1954 Conventions central principle

• damage to cultural property belonging to any
  people whatsoever means damage to the cultural
  heritage of all mankind since each peoples makes
  its contribution to the culture of the world

T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
7
1970 Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and
Transfer of Ownership of Cultural Property
T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
8
1970 Convention

• Designed to implement a system of import and
  export controls
• Art.3 - the import, export or transfer of
  ownership of cultural property affected contrary
  to the provisions adopted under this Convention
  by States Parties thereto shall be illicit

T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
9
Dodington Coins
T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
10
1972 World Heritage Convention

• From iconic sites to representative list
• Underpinned by state sovereignty
• Contains few normative provisions
• Works through a system of co-operation
• World Heritage Centre (UNESCO)
• World Heritage Committee
• World Heritage Fund

T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
11
1972 World Heritage Convention

• Almost universally supported 186 States
• Parts of the cultural and natural heritage are
  of outstanding interest and therefore need to be
  preserve as part of the world heritage of mankind
  as a whole

T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
12
2003 Intangible Heritage Convention

• Based upon World Heritage System
• Few normative provisions but developed system of
  co-operation
• Gaining significant support over 112 State
  Parties

T.C. BEIRNE SCHOOL OF LAW
FACULTY OF BUSINESS, ECONOMICS AND LAW
13
2001 UCH Convention

• UCH as an integral part of the cultural
  heritage of humanity and a particularly
  important element in the history of peoples,
  nations and their elations with each other
  concerning their common heritage

14
Three core principles

• PROTECTION
• Prevent damage, destruction, loss, etc
• PRESERVATION
• Ensure future generations receive cultural
  heritage (and knowledge) in substantially the
  same state
• CO-OPERATION
• Achieve the above through
• international obligation to co-operate

15
Three core principles in UCH Convention

• PROTECTION
• Ss1(a) 4 5 9(1) 10(4) 10(5) 12(3) 12(4)
  14 17 18(1)
• PRESERVATION
• Ss 2(5) 2(6) 7 Annex
• CO-OPERATION
• Ss 2(2) 2(3) 2(4) 3 6 7(3) 9 10 11 12
  10(6) 10(7) 11(4) 12(2) 12(6) 19
• 21

16
Operationalizing the principles

• Legal regime that is
• Clear (addresses Conventions constructive
  ambiguities)
• Simple (allows for east interpretation)
• Efficient (implementation at minimum effort and
  cost)
• Enforceable (within existing State capabilities)