Digital Commons Network^™

Human Rights And Culture Heritage In International Law, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Regional and international conflicts defined as a so-called ‘clash of civilisations’, civil conflicts from Central and South America, to former Yugoslavia, from the north Africa and the Middle East to Southeast Asia, and discrimination against and persecution of vulnerable individuals within ethnic or religious communities, appear to indicate tensions between human rights and culture at all levels of society, from the global to the local, from the collective to the individual. Despite the growing cognisance of these cleavages, the international community rather than suppressing cultural, ethnic or religious differences, has actively promoted the importance of cultural diversity and religious tolerance …

Cultural Rights: The Possible Impact Of Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Culture and its protection has been present in the earliest codifications of the laws of war and international humanitarian law, both in its physical manifestations as cultural heritage and its practice and enjoyment as cultural rights. However, the engagement of PMSCs in recent conflicts has again raised the vexed issue of the role of ‘culture’ and heritage professionals in armed conflicts and belligerent occupation. This debate has in turn exposed the limitations of existing IHL and human rights instruments.

To complement the PRIV-WAR project’s current and projected work, this report is divided into four parts. First, there is an examination …

Self-Determination And Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Self-determination has broadly two components: one relates to participation and the other concerns identity. Until recently, contemporary discourse on self-determination has largely centred on the former. Yet, from its earliest conceptions, self-determination has been inextricably tied to notions of identity of peoples - and cultural rights. This paper examines the evolving link between self-determination and cultural rights in modern international law. By detailing this often tandem, sometimes overlapping, development, it is argued that the reformulation and reinforcement of self-determination in recent decades has had an accompanying impact upon cultural rights.