This work provides insight into the differences and commonalities between the tort law systems of various European jurisdictions.
Author: Francesco Francioni
Publisher: Oxford University Press on Demand
The World Heritage Convention (WHC) is the most comprehensive and widely ratified among UNESCO treaties on the protection of cultural and natural heritage. The Convention establishes a system of identification, presentation, and registration in an international List of cultural properties and natural sites of outstanding universal value. Throughout the years the WHC has progressively attained almost universal recognition by the international community, and even the International CriminalTribunal for the Former Yugoslavia has recently considered sites inscribed in the World Heritage List as "values especially protection by the international community." Besides, the WHC has been used as a model for other legal instruments dealing with cultural heritage, like the recently adopted (2003) Convention on the Safeguarding of Intangible Cultural Heritage. During its more than 30 years of life, the Convention has undergone extensive interpretation and evolution in its scope of application. Operational Guidelines, which are the implementing rules governing the operation of the Convention, have been extensively revised. New institutions such as the World Heritage Centre, have been established. New links, with the World Bank and the United Nations, have developed to take into account the economic and political dimension of world heritage conservation and management. However, many legal issues remain to be clarified. For example, what is the meaning of "outstanding universalvalue" in the context of cultural and natural heritage? How far can we construe "universal value" in terms of representivity between the concept of "World Heritage" and the sovereignty of the territorial state? Should World Heritage reflect a reasonable balance between cultural properties and natural sites? Is consent of the territorial state required for the inscription of a World Heritage property in the List of World Heritage in Danger? What is the role of the World Heritage Centre in the management of the WHC? No comprehensive work has been produced so far to deal with these and many other issues that have arisen in the interpretation and application of the WHC. This Commentary is intended to fill this gap by providing article by article analysis, in the light of the practice of the World Heritage Committee, other relevant treaty bodies, as well as of State parties and in the hope that it may be of use to academics, lawyers, diplomats and officials involved in the management and conservation of cultural and natural heritage of international significance.
Others believe that the Convention is being compromised by geopolitical considerations and rivalries. This book stimulates reflection on the meaning of the Convention in the twenty-first century.
Author: Christina Cameron
In 1972, UNESCO put in place the World Heritage Convention, a highly successful international treaty that influences heritage activity in virtually every country in the world. Focusing on the Convention's creation and early implementation, this book examines the World Heritage system and its global impact through diverse prisms, including its normative frameworks, constituent bodies, programme activities, personalities and key issues. The authors concentrate on the period between 1972 and 2000 because implementation of the World Heritage Convention during these years sets the stage for future activity and provides a foil for understanding the subsequent evolution in the decade that follows. This innovative book project seeks out the voices of the pioneers - some 40 key players who participated in the creation and early implementation of the Convention - and combines these insightful interviews with original research drawn from a broad range of both published and archival sources. The World Heritage Convention has been significantly influenced by 40 years of history. Although the text of the Convention remains unchanged, the way it has been implemented reflects global trends as well as evolving perceptions of the nature of heritage itself and approaches to conservation. Some are sounding the alarm, claiming that the system is imploding under its own weight. Others believe that the Convention is being compromised by geopolitical considerations and rivalries. This book stimulates reflection on the meaning of the Convention in the twenty-first century.
The 1972 World Heritage Convention, now ratified by 189 of the 195 Member
States of UNESCO, facilitated efforts towards formulating policies and legislative
frameworks to safeguard heritage resources. The Convention ensures that States
Uses examples of artistic work in all media in order to show how contemporary artists have adapted their vision in a manipulation of modern materials to satisfy mankind's needs for spiritual satisfaction through art.
The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural Property (1970
UNESCO Convention)15 and the 1972 Convention concerning the Protection of
Author: Anne-Marie Carstens
Publisher: Oxford University Press
The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.
We are now familiar with the idea of 'world heritage'; and the inter-governmental
World Heritage Committee which was ... 1 Francesco Francioni, The 1972 World
Heritage Convention, A Commentary (Oxford: Oxford University Press, 2008).
Author: Professor Melanie Hall
Publisher: Ashgate Publishing, Ltd.
Historic preservation, whether of landscapes or buildings, was an important development of the nineteenth century in many countries. There is however surprisingly little understanding about how it took place, and research into it is narrowly focused. For example, generally landscape preservation from this time is examined separately from buildings; preservation is seen in terms of national narratives, or considered within the contexts of area studies, and it is usually seen from a specific disciplinary perspective. All of these later categorizations did not apply at the time and consequently, a very partial view is achieved. In order to begin unlocking a very complex phenomenon that has helped to define our own age, this dynamic collection of essays brings together an international and transdisciplinary line-up of academics and practitioners to reconsider preservation's origins in the second half of the nineteenth and early part of the twentieth century. With a focus on Britain and the British Empire, and including case studies from the United States, Canada, Sweden, France, Germany, Sri Lanka, 'The Holy Land', and Turkey, this book places preservation in imperial, international, and national contexts, demonstrating that there was far more interaction between different countries in this arena than may be supposed and revealing remarkable but hitherto hidden overlaps and intersections. It examines three main themes: the influence of religion; the political and sub-diplomatic aspects of preservation; and the professionalization of preservation practice. Internationalizing trends already existed through the churches, the universities, and the diplomatic services, as well as familial ties that had an important impact on preservation's epistemic communities and its targets. Other internationalizing factors include an interest in national histories and the histories of architecture and art, particularly when known through illustration; a growing interest in biography especially of 'founding fathers' or famous literary figures; and tourism. Although the focus is on architectural preservation, this book demonstrates that, in this formative period, the preservation of buildings and landscapes needs to be considered together - as it often was at the time - and in context. The conclusion reached is that the preservation movement has to be understood in imperial and international contexts, rather than in simply national or regional ones.
In many ways , therefore , the UNESCO World Heritage Convention of 1972 may
be said to epitomise for him , and for the many others who share his paradoxical
combination of idealism and scepticism in equal measure , both the best and the
Author: Robert Layton
Publisher: Psychology Press
Over the last thirty years issues of culture, identity and meaning have moved out of the academic sphere to become central to politics and society at all levels from the local to the global. Archaeology has been at the forefront of these moves towards a greater engagement with the non-academic world, often in an extremely practical and direct way, for example in the disputes about the repatriation of human burials. Such disputes have been central to the recognition that previously marginalised groups have rights in their own past which are important for their future. The essays in this book look back at some of the most important events where a role for an archaeology concerned with the past in the present first emerged and look forward to the practical and theoretical issues now central to a socially engaged discipline and shaping its future. This book is published in honour of Professor Peter Ucko, who has played an unparalleled role in promoting awareness of the core issues in this volume among archaeologists.
Cynthia V. Burek, Colin D. Prosser. Geological site designation under the 1972
UNESCO World Heritage Convention PATRICK J . BOYLAN City University ,
London , UK ( e - mail : p . boylan ...
Author: Cynthia V. Burek
Publisher: Geological Society of London
This book is the first to describe the history of geoconservation. It draws on experience from the UK, Europe and further afield, to explore topics including: what is geoconservation; where, when and how did it start; who was responsible; and how has it differed across the world? Geological and geomorphological features, processes, sites and specimens, provide a resource of immense scientific and educational importance. They also form the foundation for the varied and spectacular landscapes that help define national and local identity as well as many of the great tourism destinations. Mankind's activities, including contributing to enhanced climate change, pose many threats to this resource: the importance of safeguarding and managing it for future generations is now widely accepted as part of sustainable development. Geoconservation is an established and growing activity across the world, with more participants and a greater profile than ever before. This volume highlights a history of challenges, set-backs, successes and visionary individuals and provides a sound basis for taking geoconservation into the future.
On 20 January 2006, Romania became the 30th State Party to sign UNESCO's
Convention for the Safeguarding of Intangible Heritage. This meant that the
Convention, which had been approved by UNESCO's General Conference in
Author: Helaine Silverman
Publisher: Springer Science & Business Media
Is there a universal right to the free expression and preservation of cultural heritage, and if so, where is that right articulated and how can it be protected? No corner of today’s world has escaped the effects of globalization – for better or worse. This volume addresses a deeply political aspect of heritage preservation and management as it relates to human rights.
The 1972 World Heritage Convention established a global program for protecting
properties with outstanding cultural or natural heritage value. The convention
proclaims that the “deterioration or disappearance of any item of the cultural or ...
Author: John G. Sprankling
Publisher: OUP Oxford
Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Since the adoption of the World Heritage Convention in 1972, the notion that cultural and natural heritage need to be protected and properly utilized has gained popularity.
Author: Marie-Theres Albert
Publisher: Walter de Gruyter GmbH & Co KG
Since the adoption of the World Heritage Convention in 1972, the notion that cultural and natural heritage need to be protected and properly utilized has gained popularity. Over time, however, such utilization concepts were less focused on ideas of sustainability and became increasingly influenced by commercial interests. For the first time, this publication attempts to elaborate the development of the World Heritage Convention, the Convention itself in its different facets and how it evolved into one of the most important UNESCO instruments for the protection of cultural and natural heritage. It will be shown that the protection and utilization of heritage is a highly complex political, participatory and interdisciplinary process. This publication discusses these developments and suggests potential solutions in order to deal with such unintended trends.
Chapter 8 World Heritage Convention and U.S. National Parks* Lois McHugh
Introduction On March 6, 2001, ... by the United States to the World Heritage List,
a UNESCO-administered list established by the 1972 World Heritage Convention
Author: Rony Mateo
Publisher: Nova Publishers
National parks are supposed to provide a place of solace, reflection, observing beauty, learning, peace and recreation. Their beauty and resources, however, have also attracted plunders, developers and the jealous glances of greedy government officials. The National Park Service has responsibility for administering the 378 diverse units comprising 83.4 million acres of land. The NPS has done a good job in an extremely difficult mission. The book brings together the key issues threatening American national parks while at the same time shedding light on specific parks. Contents: Preface; National Parks Management and Recreation; National Park System: Establishing New Units; Regional Haze: EPA's Proposal to Improve Visibility in National Parks and Wilderness Areas; State Operation of National Parks During Government Budgetary Shutdowns?; New World Gold Mine and Yellowstone National Parks; Mining in National Parks and Wilderness Area: Policy, Rules, Activity; World Heritage Convention and U.S. National Parks; National Park Service: Efforts Underway to Address its Maintenance Backlog; National Park Service: Actions Needed to Improve Travel Cost Management; Index.
Value-based Analyses of the World Heritage and Intangible Cultural Heritage
Conventions Sophia Labadi ... 2004 to 2012, she held different functions at
UNESCO: she worked in the Secretariat of the 1972 World Heritage Convention
and the ...
Author: Sophia Labadi
Publisher: Rowman & Littlefield
This book provides groundbreaking analyses of the interlinking of world heritage with the increasingly complex processes of (post)nationalism, the preservation and representation of cultural diversity, tourism, and sustainable development and the conservation of authenticity.
There are many reasons why a volume providing a comparative global
framework is valuable and timely. ... most clearly in the World Heritage system,
UNESCO's flagship program created under the 1972 World Heritage Convention,
where the ...
Author: Zeynep Aygen
The majority of books in English on historic building conservation and heritage preservation training are often restricted to Western architecture and its origins. Consequently, the history of building conservation, the study of contemporary paradigms and case studies in most universities and within wider interest circles, predominantly in the UK, Europe, and USA focus mainly on Europe and sometimes the USA, although the latter is often excluded from European publications. With an increasingly multicultural student body in Euro-American universities and with a rising global interest in heritage preservation, there is an urgent need for publications to cover a larger geographical and social area including not only Asia, Australia, Africa and South America but also previously neglected countries in Europe like the new members of the European Community and the northern neighbour of the USA, Canada. The inclusion of the 'other' in built environment education in general and in building conservation in particular is a pre-requisite of cultural interaction and widening participation. International Heritage and Historic Building Conservation assesses successful contemporary conservation paradigms from around the world. The book evaluates conservation case studies from previously excluded areas of the world to create an integrated account of Historic Building Conservation that crosses the boundaries of language and culture and sets an example for further inclusive research. Analyzing the influence of financial constraints, regional conflicts, and cultural differences on the heritage of disadvantaged countries, this leading-edge volume is essential for researchers and students of heritage studies interested in understanding their topics in a wider framework.
Introduction Chapter 3 provides a brief history of the idea of 'heritage', which
found expression in the 1972 World Heritage Convention. This particular
constellation of ideas about the rela- tionship between the traces of the past and
people in ...
Author: Rodney Harrison
Historic sites, memorials, national parks, museumsewe live in an age in which heritage is ever-present. But what does it mean to live amongst the spectral traces of the past, the heterogeneous piling up of historic materials in the present? How did heritage grow from the concern of a handful of enthusiasts and specialists in one part of the world to something which is considered to be universally cherished? And what concepts and approaches are necessary to understanding this global obsession? Over the decades, since the adoption of the World Heritage Convention, various e~crisese(tm) of definition have significantly influenced the ways in which heritage is classified, perceived and managed in contemporary global societies. Taking an interdisciplinary approach to the many tangible and intangible e~thingse(tm) now defined as heritage, this book attempts simultaneously to account for this global phenomenon and the industry which has grown up around it, as well as to develop a e~toolkit of conceptse(tm) with which it might be studied. In doing so, it provides a critical account of the emergence of heritage studies as an interdisciplinary field of academic study. This is presented as part of a broader examination of the function of heritage in late modern societies, with a particular focus on the changes which have resulted from the globalisation of heritage during the late twentieth and early twenty-first centuries. Developing new theoretical approaches and innovative models for more dialogically democratic heritage decision making processes, Heritage: Critical Approaches unravels the relationship between heritage and the experience of late modernity, whilst reorienting heritage so that it might be more productively connected with other pressing social, economic, political and environmental issues of our time.
UNESCO welcomes with great interest the publication of this important scientific
contribution to the ongoing discussion ... These two approaches are clearly
reflected in UNESCO's Conventions of 1972 (World Heritage Convention) and of
Author: Gaetano M. Golinelli
Informed by systems thinking, this book explores new perspectives in which culture and management are harmoniously integrated and cultural heritage is interpreted both as an essential part of the social and economic context and as an expression of community identity. The combination of a multidisciplinary approach, methodological rigor and reference to robust empirical findings in the fertile field of analysis of UNESCO’s contribution mean that the book can be considered a reference for the management of cultural heritage. It casts new light on the complex relation of culture and management, which has long occupied both scholars and practitioners and should enable the development of new pathways for value creation. The book is based on research conducted within the framework of the Consorzio Universitario di Economia Industriale e Manageriale (University Consortium for Industrial and Managerial Economics), a network of universities, businesses and public and private institutions that is dedicated to the production and dissemination of knowledge in the field. This volume will be of interest to all who are involved in the study and management of the cultural heritage.
In spite of these limitations, the 1972 World Heritage Convention represents a '
quantum leap' in the field of conservation for three reasons. Firstly, for the first
time in history, the principles that had been debated among experts for nearly a ...
Author: Francesco Bandarin
Publisher: John Wiley & Sons
This book offers a comprehensive overview of the intellectual developments in urban conservation. The authors offer unique insights from UNESCO's World Heritage Centre and the book is richly illustrated with colour photographs. Examples are drawn from urban heritage sites worldwide from Timbuktu to Liverpool to demonstrate key issues and best practice in urban conservation today. The book offers an invaluable resource for architects, planners, surveyors and engineers worldwide working in heritage conservation, as well as for local authority conservation officers and managers of heritage sites.
... protection of cultural integrity and the desire to pursue tolerant pluralistic
societies, whereby culture and its various manifestations were protected.10 The
1972 World Heritage Convention suggested that 'the deterioration or
disappearance of ...
Author: Alexander Gillespie
Publisher: OUP Oxford
This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.
Indeed, the 1972 World Heritage Convention was adopted at the start of a
declining growth in the Western world, concern for sustainable development, the
rise of globalisation, and the emergence of free-market dominance over public ...
Author: Francesco Bandarin
Publisher: John Wiley & Sons
Historic Urban Landscape is a new approach to urban heritage management, promoted by UNESCO, and currently one of the most debated issues in the international preservation community. However, few conservation practitioners have a clear understanding of what it entails, and more importantly, what it can achieve. Following the publication of The Historic Urban Landscape: Managing Heritage in an Urban Century, the approach is now further elaborated with a more practical slant and translates the notion into an operational set of management practices. In this follow-up book, the editors pull together specially commissioned chapters on best practice in urban heritage management from established professionals in the field. Drawn from a variety of disciplines related to urban management and conservation these authors present and discuss methodologies and practices to consider in the implementation of the Historic Urban Landscape approach as advocated by UNESCO. The contributors are selected from professionals who have written, argued or debated about the role of historic cities in contemporary society. As well as their chapters, there are interviews with six high-profile people from different regions of the world giving their critical reflections on the UNESCO approach in relation to their own ideas on urban heritage conservation and city management. Reconnecting the City: the Historic Urban Landscape Approach and the Future of Urban Heritage provides a thorough discussion, structured by themes on issues related to key topics in the field of urban management, from changing demographics and increasing urbanisation to the pressures of economic development and decentralisation; social interaction; and economic feasibility and financing of heritage conservation. By presenting a range of methodologies and tools to support urban conservation in a way that is sensitive to cultural differences, the editors encourage a departure from the compartmentalized approaches of today's urban heritagemanagement. The book includes contributions from HH The Aga Khan, Rem Koolhaas, Stefano Bianca and Julian Smith – and many other internationally respected figures. The book's companion website offers invaluable resources from UNESCO relating to the Historic Urban Landscape Approach, as well as additional illustrations and web-links.