{"title":"The World Heritage Convention and the Law of State ResponsibilityPromises and Pitfalls","authors":"Lucas Lixinski, Vassilis P. Tzevelekos","doi":"10.1093/oso/9780198846291.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198846291.003.0011","url":null,"abstract":"Under many UNESCO instruments there is a disconnect between the language of the treaties and the mechanics of the positive law, on the one hand, and the actuality of international heritage management practice, on the other. Specifically, existing primary norms often do not set sufficiently clear legal obligations. This chapter explores this mismatch with a focus on (concurrent) State responsibility in the context of the World Heritage program. It focuses specifically on two different levels of State involvement in heritage protection: (1) multinational heritage nominations and (2) heritage that is listed by only one State, but that is also of interest to another State. The 1972 World Heritage Convention places heritage squarely within the territorial State’s sovereignty, even if it does recognize that States have a duty to cooperate in the protection of world heritage in other States as well. The duty of cooperation is seen as eroding State sovereignty, but critics also highlight that in fact there is too much sovereign control over those allegedly sovereignty-eroding dimensions of World Heritage processes.","PeriodicalId":122980,"journal":{"name":"Intersections in International Cultural Heritage Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125044328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bridging the Gap Between International Human Rights and International Cultural Heritage Law Instruments","authors":"V. Tünsmeyer","doi":"10.1093/oso/9780198846291.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780198846291.003.0014","url":null,"abstract":"With the activities of UNESCO in the recent decades international cultural heritage law has become its own area within public international law. By its very nature, namely its focus on cultural heritage and forms of cultural expression, it is closely linked to different human rights. However, this link has only really been realized in more recent instruments and even then not fully. States have obligations in both areas of international law. This raises the question of how to best accommodate State duties and rights under UNESCO instruments with individual and community rights under the respective human rights treaties. The author proposes to examine the functions of cultural heritage as one way in which to better bridge the gap between the two fields.","PeriodicalId":122980,"journal":{"name":"Intersections in International Cultural Heritage Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128789458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Nationalism Versus Internationalism","authors":"R. Peters","doi":"10.1093/oso/9780198846291.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780198846291.003.0016","url":null,"abstract":"Within the debate of nationalism versus internationalism, this chapter describes the development of international cultural heritage law, analyzes the notions and concepts used in this context, and highlights the existing shortcomings and loopholes in national and international legal frameworks in this field. First, the chapter explores the concept of a World Heritage Trust, and argues that the procedure used to designate World Heritage sites has become a national contest between States to obtain as many designations as possible, rather than the international and non-partisan procedure intended. Second, the chapter addresses the issue of trafficking in movable cultural heritage, by arguing that an exclusive focus on patrimony and national export laws (nationalism) is unidimensional and insufficient to protect movable cultural heritage from trafficking. In contrast, the mutual recognition of export laws through export and import regulations is a much more comprehensive and truly international approach (internationalism). In view of recent developments at the national level in Germany, as well as at EU level, the chapter demonstrates coordination between export and import regulations is necessary to protect cultural heritage against destruction and trafficking.","PeriodicalId":122980,"journal":{"name":"Intersections in International Cultural Heritage Law","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133821534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}