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Articles 1 - 5 of 5
Full-Text Articles in Law
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 …
The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak
The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter considers the criminalisation of illicit traffic of cultural objects in international law and its impact for domestic law. The regulation of the trade in cultural objects has long been resisted in so-called market States, which host major auction houses and art and antiquities dealers. The lobbying was particularly directed against the enforcement of foreign public laws covering export controls in domestic courts. However, the Security Council’s adoption of resolutions that condemned the pillage of Iraqi and Syrian cultural sites has transformed this debate. These resolutions enunciate an obligation to prosecute in domestic courts which is covers all UN …
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs …
Cultural Heritage, Human Rights And The Privatisation Of War, Ana Filipa Vrdoljak
Cultural Heritage, Human Rights And The Privatisation Of War, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter focuses on the legal issues raised by the impact of the privatisation of war on cultural rights and cultural heritage during military engagements. It is divided into four parts. First, there is an examination of the current debate amongst heritage practitioners, particularly archaeologists and anthropologists, about their professional engagement with PMSCs in recent conflicts and belligerent occupation. Second, there is an overview of existing international humanitarian law and human rights provisions covering cultural rights and cultural heritage during armed conflict and occupation. Third, the response of professional bodies and associations of heritage practitioners through their codes of ethics …