Description
Oxford University Press The Oxford Handbook Of International Cultural Heritage Law by Francesco Francioni and Ana Filipa Vrdoljak
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.
Table of Contents
1. Introduction, Ana Filipa Vrdoljak and Francesco Francioni
Part I: Historical Overview
2. The Intellectual Cooperation Organisation, UNESCO and Culture Conventions: A Historical Overview, Ana Filipa Vrdoljak and Lynn Meskell
Part II: Substantive Aspects
3. Cultural Heritage and International Humanitarian Law, Roger O'Keefe
4. Intentional Destruction of Heritage, Federico Lenzerini
5. Cultural Heritage and International Criminal Law, Micaela Frulli
6. Cultural Heritage and the Responsibility to Protect, James A. R. Nafziger
7. Cultural Heritage and Disasters, Giulio Bartolini
8. Cultural Heritage, Transitional Justice and Rule of Law, Ana Filipa Vrdoljak
9. Theft and Illicit Excavation, Patty Gerstenblith
10. Illicit Export, Import, and Transfer, Folarin Shyllon
11. World Heritage, Francesco Francioni
12. Landscapes as Cultural Heritage, Amy Strecker
13. Underwater Cultural Heritage, Patrick J. O'Keefe
14. Cultural Heritage and the Environment, Ben Boer
15. Intangible Cultural Heritage, Janet Blake
16. Language as Cultural Heritage, Bruno De Witte
17. Cultural Heritage and Human Rights, Yvonne Donders
18. Cultural Heritage and Indigenous Peoples, Dalee Sambo Dorough and Siegfried Wiessner
19. Cultural Heritage and Women, Joseph Powderly and Rafael Braga da Silva
20. Cultural Heritage and Intellectual Property, Mira Burri
21. Cultural Heritage and International Investment Law, Valentina Vadi
22. Cultural Heritage, Cultural Diversity, and International Trade Law, Tania Voon
Part III: General International Law
23. The Role of Custom and General Principles of International Law, Francesco Francioni
24. Cultural Heritage and State Immunity, Riccardo Pavoni
25. Cultural Heritage and State Succession, Andrzej Jakubowski
26. Cultural Heritage and State Responsibility, Patrizia Vigni
27. Remedies, Elisa Novic
Part IV: Procedural and Institutional Aspects
28. International Dispute Adjudication Mechanisms, Marc-André Renold
29. The Role of Domestic Courts, Kurt Siehr
30. Alternative Dispute Settlement Mechanisms, Alessandro Chechi
31. Institutional Aspects, Tullio Scovazzi
32. Participation of Non-state Actors, Kristin Hausler
33. Codes of Ethics, Manlio Frigo
Part V: Regional Approaches
34. Africa, Folarin Shyllon
35. Asia, Keun-Gwan Lee
36. Oceania, Craig Forrest and Jennifer Corrin
37. Central and South America, Lucas Lixinski
38. Europe (EU and Council of Europe), Rachel Craufurd-Smith
39. Middle East, Morag M. Kersel and Mounir Bouchenaki
40. North America, Derek Fincham
Author Information
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.