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Standing And Collective Cultural Rights, Ana Filipa Vrdoljak
Standing And Collective Cultural Rights, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of …
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation …
Human Rights And Illicit Trade In Cultural Objects, Ana Filipa Vrdoljak
Human Rights And Illicit Trade In Cultural Objects, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Movable cultural heritage is not bounded nor shielded by national territorial borders. Applicable domestic laws are of limited import without the cooperation of other states and the international community. Despite a century of domestic legal protection of movable cultural heritage in many states, widespread non-compliance and lack of enforcement has been the norm rather than the exception. However, the tide is turning. States formerly reluctant to ratify cultural heritage treaties have done so, signalling their acceptance of the importance of multilateral action in this field. Enforcement of such laws is viewed as part of the reinforcement of good governance, rule …
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …
Unravelling The Cradle Of Civilization “Layer By Layer”: Iraq, Its Peoples And Cultural Heritage, Ana Filipa Vrdoljak
Unravelling The Cradle Of Civilization “Layer By Layer”: Iraq, Its Peoples And Cultural Heritage, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
The modern state of Iraq came into being with its demarcation by outside Powers following the First World War. This moment threw into stark relief two characteristics which have prevailed to the present day. On the one hand, a centrifugal force, the diversity of its constituent peoples, that is, the multifarious ethnic, religious and linguistic minorities which live within its territorial boundaries. On the other, its rich cultural heritage has been deployed consistently to imbue its populace with a unified, national sentiment - a centripetal force. The promotion and protection of both the diversity of minority cultures and religions (and …