This book examines in detail both historical and current legal concepts of ‘religious cultural heritage’ within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance. In view of this, the study provides evidence of the European States’ active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism. Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter. The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the sui generis nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of ‘sacredness’ expressed in the form of its ‘religious character,’ the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs.

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.

Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.

Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.

EU enlargement - to countries in Central and Eastern Europe in 2004, the inclusion of Bulgaria and Romania in 2007, and increasing debates on Turkey’s membership - has dramatically transformed the European Union into a multi-religious space. Religious communities are not only shaping identities but are also influential factors in political discourse. This edited volume examines the activities of religious actors in the context of supranational European institutions and the ways in which they have responded to the idea of Europe at local and international levels. By bringing together scholars working in political science, history, law and sociology, this volume analyses key religious factors in contemporary EU architecture, such as the transformation of religious identities, the role of political and religious leaders, EU legislation on religion, and, the activities of religious lobbies. This book was published as a special issue of Religion, State and Society.

"Provides innovative and exciting insights into heritage identity, meaning, and belonging from a global perspective. A welcome addition to the growing heritage literature."--Dallen J. Timothy, author of Cultural Heritage and Tourism: An Introduction "A critical collection of international heritage case studies that represents a wide range of issues and exemplifies its complexities and contradictions vividly."--A. V. Seaton, coeditor of Slavery, Contested Heritage, and Thanatourism Bringing together high-profile cultural heritage sites from around the world, this volume shows how the term heritage has been used or understood by different groups of people over time. For some, heritage describes a celebration of a particular culture and history or a sense of identity, ownership, and belonging. However, for others it is frequently connected with social privilege and exclusion, made all the more complicated due to its relationship with the tourism industry. These case studies are taken from America, Britain, Ireland, France, Germany, Austria, India, China, and the Caribbean. The varied approaches to heritage range from the Nazi regime's vision of German national history to the present-day push to recover Native American culture from outdated Hollywood portrayals. The contributors argue that heritage has a central yet sometimes problematic purpose: creating divisions, contesting identities, and constructing narratives of history that may not be seen as accurate by all. Exploring the benefits of cultural inheritance, this volume also acknowledges the ways that heritage operates in places with clashing viewpoints about what exactly that heritage represents. The essays argue that although heritage and tourism may help to alleviate poverty and create opportunity, they can also become a burden by compromising cultures and landscapes. Featuring a tribute to Sir Gregory Ashworth, whose influential work drew attention to the contested meanings of heritage, this volume illuminates a fascinating international debate.