Non-State Actors in the Protection of Cultural Heritage: An Analysis on Their Rights, Obligations, and Roles (Creativity, Heritage and the City, 3)

This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important. Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development. Foreword Preface Acknowledgements Contents About the Author Abbreviations List of Tables List of Cases List of Legal Instruments 1 Introduction 1.1 Background 1.2 Research Framework 1.2.1 Research Questions 1.2.2 Research Scope and Methodology 1.2.3 Research Structure 1.3 Terminologies 1.3.1 Non-State Actor (NSA) 1.3.2 Rights, Obligations, and Roles of NSAs 1.3.3 Cultural Heritage References 2 The Protection of Cultural Property in Armed Conflict 2.1 Introduction of the Legal Protection of Cultural Property in the Event of Armed Conflict 2.1.1 History of the Adoption of the 1954 Convention and its Key Contents 2.1.2 First Protocol to the 1954 Convention 2.1.3 Second Protocol to the 1954 Convention Adopted in 1999 2.2 NSAs in the 1954 Convention and its Two Protocols 2.2.1 NSAs in the Text of the 1954 Convention and its Regulations 2.2.2 NSAs in the Text of the First Protocol 2.2.3 NSAs in the Text of the Second Protocol 2.2.4 NSAs in the Guidelines of the Second Protocol 2.3 NSAs in the Implementation of the 1954 Convention and its Two Protocols 2.3.1 UNESCO 2.3.2 NGOs 2.3.3 Experts 2.3.4 Individuals 2.4 Main Findings References 3 The Restitution of Cultural Property 3.1 Introduction of the Legal Mechanisms to Prevent Illicit Movement of Cultural Property and Promote Its Restitution 3.1.1 History of the Adoption of the 1970 Convention and Its Key Contents 3.1.2 Adoption of the 1995 Convention and Its Key Contents 3.1.3 Work of the Intergovernmental Committee 3.2 NSAs in the 1970 and 1995 Conventions 3.2.1 NSAs in the Text of the 1970 Convention 3.2.2 NSAs in the Text of the 1995 Convention 3.2.3 NSAs in the Operational Guidelines of the 1970 Convention 3.3 NSAs in the Implementation of the 1970 and 1995 Conventions 3.3.1 UNESCO and UNIDROIT 3.3.2 Individuals 3.4 Main Findings References 4 The Protection of World Heritage 4.1 Introduction of the Legal Protection for Cultural and Natural Heritage of Outstanding Universal Value 4.1.1 History of the Adoption of the 1972 Convention 4.1.2 Key Contents of the 1972 Convention 4.2 NSAs in the 1972 Convention 4.2.1 NSAs in the Text of the 1972 Convention 4.2.2 NSAs in the Operational Guidelines of the 1972 Convention 4.3 NSAs in the Implementation of the 1972 Convention 4.3.1 UNESCO 4.3.2 Experts 4.3.3 NGOs and Local Communities 4.4 Main Findings References 5 The Protection of Underwater Cultural Heritage 5.1 Introduction of the Legal Protection for Underwater Cultural Heritage 5.1.1 History of the Adoption of the 2001 Convention 5.1.2 Key Contents of the 2001 Convention 5.2 NSAs in the 2001 Convention 5.2.1 NSAs in the Text of the 2001 Convention 5.2.2 NSAs in the Operational Guidelines of the 2001 Convention 5.3 NSAs in the Implementation of the 2001 Convention 5.3.1 UNESCO 5.3.2 Experts 5.3.3 NGOs 5.3.4 Individuals 5.4 Main Findings References 6 The Protection of Intangible Cultural Heritage 6.1 Introduction of the Legal Protection for Intangible Cultural Heritage 6.1.1 History of the Adoption of the 2003 Convention 6.1.2 Key Contents of the 2003 Convention 6.2 NSAs in the 2003 Convention 6.2.1 NSAs in the Text of 2003 Convention 6.2.2 NSAs in the Operational Directives of the 2003 Convention 6.3 NSAs in the Implementation of the 2003 Convention 6.3.1 NSAs in the International Implementation of the Convention 6.3.2 NSAs in the Domestic Implementation of the Convention 6.4 Main Findings References 7 Conclusion 7.1 Assessment and the Ways Forward 7.2 Challenges and the Future Ahead References