This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage.

This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.

The illicit traffic in cultural objects is a grave concern to the general public and international community. The resulting cultural damage fuels debates on how best to regulate the trade in cultural objects and inform legal responses at all levels for the protection of movable cultural heritage. Treaties concerning the treatment of cultural objects during peacetime and war represent some of the earliest multilateral initiatives on cultural heritage in the modern era. They also remain some of the most deeply contested, representing shifting fault lines within the international community. Authored by leading scholars and practitioners from around the world, this Commentary is the first to cover the two leading multilateral treaties on movable cultural heritage in one volume: the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by UNESCO in 1970 and the Convention on Stolen or Illegally Exported Cultural Objects adopted by UNIDROIT in 1995. This Commentary is designed to be the authoritative text for academics, lawyers, policymakers, and diplomats on the protection and regulation of cultural objects. Encompassing both public and private international law rules on the trade in cultural objects, it provides a detailed historical and thematic overview. Drawing on the travaux preparatoires and intergovernmental and state practice over the last half century, the Commentary provides an article-by-article analysis of the interpretation and application of these treaties. The texts 1970 UNESCO and 1995 UNIDROIT Conventions are examined in the working context of other culture conventions including the World Heritage Convention and the Intangible Heritage Convention, as well as related fields of international law, such as international humanitarian law, international criminal law, human rights law, and international economic law. The volume also offers a critical examination of current trends and future directions which are informing the field.

Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples as well with individual and collective human rights. Leading international scholars examine the new challenges determined by that evolution, reaching beyond only tangible artistic and monumental expression and paying particular attention to the linkages between cultural heritage, cultural diversity and human rights. As such, Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law offers a comprehensive and original overview of how the international approach to culture has evolved from a sovereignty-based idea of cultural property to a perception which emphasises the human dimension of cultural heritage.

The 2005 UNESCO Convention on Cultural Diversity is a landmark agreement in modern international law of culture. It reflects the diverse and pluralist understanding of culture, as well as its growing commercial dimension. Thirty diplomats, practitioners and academics explain and assess this important agreement in a commentary style. Article by article, the evolution, concepts, contents and implications of the Convention are analysed in depth and are complemented by valuable recommendations for implementation. In an unprecedented way, the book draws on the first-hand insights of negotiators and on the experience of practitioners in implementation, including international cooperation, and combines this with a good deal of critical academic reflection. It is a valuable guide for those who deal with the Convention and its implementation in governments, diplomacy, international organizations, cultural institutions and non-governmental organizations and will also serve as an important resource for academic work in such fields as international law and international relations.