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

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

protection

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

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

T.C. BEIRNE SCHOOL OF LAW

FACULTY OF BUSINESS, ECONOMICS AND LAW

The 1954 Hague Convention and Cultural Heritage



Baghdad Museum



1954 Convention’s 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”



1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and

Transfer of Ownership of Cultural Property



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”



Dodington Coins



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



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”



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

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”

Three core principles

PROTECTIONPrevent 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

Three core principles in UCH Convention

PROTECTIONSs1(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); 1921;

Operationalizing the principles

Legal regime that is: • Clear (addresses Convention’s constructive

ambiguities)• Simple (allows for east interpretation)• Efficient (implementation at minimum effort and

cost)• Enforceable (within existing State capabilities)

Documents

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