Enforcing International Cultural Heritage Law

Hardcover | August 5, 2013

EditorFrancesco Francioni, James Gordley

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The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever meansdamage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternativedispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role ofinternational and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions bydomestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.

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The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever meansdamage to the cultural heritage of all mankind". ...

Francesco Francioni is Emeritus Professor of International Law and Human Rights and Co-Director of the Academy of European Law at the European University Institute in Florence. He was the chairman of the World Heritage Committee of the UNESCO and the Italian delegate to many diplomatic conferences on the protection of cultural propert...

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Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.1 inPublished:August 5, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199680248

ISBN - 13:9780199680245

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Table of Contents

Francesco Francioni and James Gordley: IntroductionI. The International Legal Order1. Francesco Francioni: Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law2. Ana Vrdoljak: Enforcement of Restitution of Cultural Heritage through Peace Agreements3. Federico Lenzerini: The Role of International and Mixed Criminal Courts in the Enforcement of International Norms on the Protection of Cultural Heritage4. Laurie Rush: Enforcement of International Cultural Property Norms in Time of WarII. Enforcement by Domestic Courts5. Riccardo Pavoni: Sovereign Immunity and the Enforcement of International Cultural Property Law6. James Gordley: The Enforcement of Foreign Law: Reclaiming One Nation's Cultural Heritage in Another Nation's Courts7. Patrizia Vigni: The Enforcement of Underwater Cultural Heritage Law by Domestic Courts8. Patricia Gerstenblith: Enforcement of Criminal Sanctions in American State CourtsIII. Alternative Methods of Enforcement: Arbitration, Soft-Law, Diplomacy, and Settlements9. Alessandro Chechi: Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage10. Derek Finchman: Social Norms and Illicit Cultural Heritage11. Holly Flora: Practices of Collecting in American Museums12. Wang Yunxia: Enforcing Import Restrictions of China's Cultural Objects: The 2009 Sino-US Memorandum of Understanding