Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.

This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.

Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.

Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.

This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.

Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

This comprehensive collection of leading articles spans a broad range of international legal issues related to both tangible cultural material - such as archaeological and indigenous objects, fine art, shipwrecks, and cultural sites - and intangible heritage such as traditional knowledge and genetic information. Specific topics include, among others, issues of definition and attribution, on-site protection of objects and sites, illegal trafficking and repatriation of objects, and protection of intangible heritage. Special attention is paid to applicable provisions of UNESCO treaties and other international instruments and to pertinent rules of private international law. A concluding section focuses on the resolution of cultural heritage disputes by litigation and alternative methods. Along with an introduction by Professor Nafziger, this authoritative volume will be immensely valuable to students and professionals alike.

The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.

This book describes the global legal framework for safeguarding the “Intangible Cultural Heritage” – as defined by the UNESCO Convention in 2003 – and analyses its use in selected countries in the Americas, Asia, Africa and Europe. Each of the contributions has been prepared by high profile experts and strategically addresses countries that are representative for their corresponding area. Our understanding of the term “Cultural Heritage” has changed considerably over the past few decades, and it is becoming increasingly clear that the concept also includes traditions and living expressions that we inherit from our ancestors and pass on to our descendants. UNESCO has recognised and responded to this change of perspective, creating through the 2003 Convention an international instrument for safeguarding the “Intangible Cultural Heritage”, a notion including oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, as well as the knowledge and skills needed to produce traditional crafts. New values, practices and heritages were recognized – from the ancient African rituals to the Mexican Mariachi musical expression to the Brazilian Samba and the Mediterranean Diet – all of which convey strong social and cultural meaning for their community's identity. Intangible Cultural Heritage is a growing, relatively recent field of study and also an emblem of the dialogue between distant populations with different cultures, which is the reason why a comparative approach is the most appropriate basis for conducting an analysis of how the contracting states to the Convention live up to their commitments through national safeguarding measures and enhancement policies or through international cooperation projects.