State Succession in Cultural Property (Cultural Heritage Law and Policy)

The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. Cover 1 Series 3 State Succession in Cultural Property 4 Copyright 5 Contents 12 Table of Cases 16 Table of Instruments 18 List of Abbreviations 26 Introduction 28 1 The Meaning and Relevance of Cultural Heritage 29 2 Legal Effects of State Succession on Tangible Cultural Heritage 37 3 Methodology and Structure 50 I EMERGENCE AND ELABORATION OF PRINCIPLES (1815–1939) 54 1 Territoriality, Nation-State, and the Integrity of National Patrimony in the Nineteenth Century 56 1.1 Concept of territoriality 57 1.2 State and national patrimony 70 1.3 The principle of territoriality and the integrity of national patrimony in the practice of state succession 74 1.4 Conclusion 79 2 State Succession in Cultural Property: Peace Treaty Practice (1918–1939) 80 2.1 Self-determination and cultural patrimony 82 2.2 Allocation of cultural property—the complexity of the post-First World War regulations 89 2.3 Restoration of national patrimonies displaced or lost in relation to the First World War 90 2.4 Territorial cession and the allocation of cultural property 92 2.5 Dissolution of a multinational state and reintegration of national patrimonies 94 2.6 Succession to colonial territories and the status of cultural patrimony 110 2.7 Conclusion—a legal appraisal 112 II CONSOLIDATION AND CODIFICATION OF THE LAW (1940–1989) 116 3 The Second World War, Decolonization, and State Succession in Cultural Property 118 3.1 Cultural property in the post-Second World War legal landscape 121 3.2 Post-Second World War Europe and state succession in cultural property 127 3.3 Decolonization in matters of cultural property 144 3.4 Conclusion 161 4 In Search of a New Global Order: The Codification of State Succession and the Development of International Cultural Heritage Law 163 4.1 Cultural genocide, war plunder, and restitution 166 4.2 Normative framework for the protection of the cultural heritage of mankind—the World Heritage Convention 171 4.3 Self-determination and tangible cultural heritage 173 4.4 The protection of movable cultural property and the restitution debate: action by UNESCO 179 4.5 The International Law Commission and state succession to cultural property 186 4.6 The 1983 Vienna Convention 194 4.7 Conclusion 199 III BUILDING A NEW CONSENSUS ON CULTURAL HERITAGE: STATE SUCCESSION AFTER 1989 202 5 State Succession in State Property and Tangible Cultural Heritage in the Post-Cold War Context 204 5.1 State succession revisited 207 5.2 The post-Cold War state succession and cultural heritage: doctrinal approaches 218 5.3 Cultural property and historic archives in the post-Cold War practice of state succession: select case-studies 225 5.4 Conclusion 262 6 New Horizons of State Succession: Reconciliation and Cultural Cooperation 265 6.1 Cultural heritage obligations in state succession 269 6.2 The human and cultural heritage framework for Bosnia–Herzegovina and Kosovo 297 6.3 Past territorial and population transfers—solutions based on the procedural principle of international cultural cooperation 302 6.4 Post-colonial reconciliation and international cultural cooperation 317 6.5 State succession and world heritage 329 6.6 State succession to underwater cultural heritage 335 6.7 Conclusion 345 7 Conclusion 348 7.1 Passing of state cultural property 349 7.2 Succession to international cultural heritage obligations 353 7.3 State succession and international responsibility 357 7.4 Procedural principles of dispute settlements 358 7.5 Best practices and guiding principles 359 Annex: Draft Proposal of Guiding Principles Relating to the Succession of States in respect of Tangible Cultural Heritage 362 Select Bibliography 368 Index 390 "The demise and rebirth of states brings about a set of complicated legal issues, not least of which is the question of how to deal with a state's cultural heritage, whether within its new boundaries or not. Through a historical analysis of the impact of state dissolution and succession from 1815 to the present day, this book identifies the guiding principles that facilitate the conclusion of agreements on the status of cultural property following state succession. Examining primary materials and evidence of state practice that have not been available before, the book proposes a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states"--Unedited summary from book jacket Content: Introduction -- Part I. Emergence and elaboration of principles (1815-1939). 1. Territoriality, nation-state, and the integrity of national patrimony in the nineteenth century -- 2. State succession in cultural property: peace treaty practice (1918-1939) -- Part II. Consolidation and codification of the law (1940-1989). 3. The Second World War, decolonization, and state succession in cultural property -- 4. In search for a new global order: the codification of state succession and the development of international cultural heritage law -- Part III. Building a new consensus on cultural heritage: state succession after 1989. 5. State succession in state property and tangible cultural heritage in the post-Cold War context -- 6. New horizons of state succession: reconciliation and cultural cooperation -- 7. Conclusion -- Annex. 'Draft proposal of guiding principles relating to the succession of states in respect of tangible cultural heritage'. This volume explains the legal effects of state succession on cultural property. It discusses to what extent the practice and the theory of state succession reflect the evolution of the idea of cultural heritage in international law. It attempts to reconstruct the principles regulating interstate arrangements, contextualising them within a broad historical and geographical framework Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, this book identifes guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states.