Enforcing International Cultural Heritage Law

by Francioni, Francesco; Gordley, James

• ISBN13: 9780199680245
• ISBN10: 0199680248
• Format: Hardcover
• Copyright: 2013-07-24
• Publisher: Oxford University Press

Summary

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 analyzes 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.

Author Biography

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).

Table of Contents

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