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Enforcing International Cultural Heritage Law

Enforcing International Cultural Heritage Law

Author: Francesco Francioni; James Gordley
Publisher: Oxford University Press
ISBN: 9780199680245
Published In: June 2013
Format: Hardback , 280 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensive coverage of the methods for the effective protection of cultural heritage in international and domestic law
Provides an overview of the legal framework applicable to cultural heritage and analyses in detail how it works in practice
Includes contributions from world experts on the different aspects of enforcing cultural heritage norms, including arbitration and alternative dispute resolution

The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms.

The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.

Readership: Scholars and students of international human rights law and cultural heritage law; practitioners and policy-makers working with cultural heritage issues

I. The International Legal Order
1: Francesco Francioni: Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law
2: Ana Vrdoljak: Enforcement of Restitution of Cultural Heritage through Peace Agreements
3: Federico Lenzerini: The Role of International and Mixed Criminal Courts in the Enforcement of International Norms on the Protection of Cultural Heritage
4: Laurie Rush: Enforcement of International Cultural Property Norms in Time of War
II. Enforcement by Domestic Courts
5: Riccardo Pavoni: Sovereign Immunity and the Enforcement of International Cultural Property Law
6: James Gordley: The Enforcement of Foreign Law: Reclaiming One Nation's Cultural Heritage in Another Nation's Courts
7: Patrizia Vigni: The Enforcement of Underwater Cultural Heritage Law by Domestic Courts
8: Patricia Gerstenblith: Enforcement of Criminal Sanctions in American State Courts
III. Alternative Methods of Enforcement: Arbitration, Soft-Law, Diplomacy, and Settlements
9: Alessandro Chechi: Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage
10: Derek Finchman: Social Norms and Illicit Cultural Heritage
11: Holly Flora: Practices of Collecting in American Museums
12: Wang Yunxia: Enforcing Import Restrictions of China's Cultural Objects: The 2009 Sino-US Memorandum of Understanding

Edited by Francesco Francioni, Emeritus Professor of International Law and Human Rights and Co-Director of the Academy of European Law, European University Institute, Florence, and James Gordley, W.R. Irby Chair of Law, Tulane University

Francesco Francioni is Emeritus Professor of International Law and Human Rights and Co-Director of the Academy of European Law at the European University Institute in Florence. He was the chairman of the World Heritage Committee of the UNESCO and the Italian delegate to many diplomatic conferences on the protection of cultural property. He has written and edited many books, including War by Contract (with Natalino Ronzitti, OUP, 2011) and The 1972 World Heritage Convention: A Commentary (OUP, 2008).

James Gordley holds the W.R. Irby Chair of Law at Tulane University. He is the author of, inter alia, Foundations of Private Law (OUP, 2006).

Contributors:
Alessandro Chechi - University of Geneva
Derek Finchman - South Texas College of Law
Holly Flora - Tulane University
Patricia Gerstenblith - DePaul University College of Law
Federico Lenzerini - University of Siena
Riccardo Pavoni - University of Siena
Laurie Rush - Fort Drum
Patrizia Vigni - European University Institute
Ana Vrdoljak - University of Technology, Sydney
Wang Yunxia - Renmin University of China