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About this book

This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.

Table of Contents




Structure of the Research: Toward Transculturality

This research project meets the premises at the different studies and academic experiences realized by two editors between Orient and Occident.
Olimpia Niglio, Eric Yong Joong Lee

Transcultural Diplomacy and International Law in Heritage Conservation

“Cultural heritage” stands for the sum total of our fundamental knowledge of human creativity. It incorporates different identities of man’s existence on the Earth. Throughout the history of the world, this knowledge has combined man’s own reason with empirical rules whilst constantly questioning existence. This cultural heritage, which is both tangible and intangible, then assumed a transcultural value that has enhanced diversities and increased fruitful dialogue in the different regions of the Earth, regulated by the laws of nature alone. This transcultural diplomacy has an ethical value at the world level, and today more than ever is a fundamental reference for rethinking all together with the continuation of the existence of man on Earth. This paper aims to holistically analyse all activities related to creativity and the enhancement of cultural heritage, to create dialogues, enhancement projects, and transcultural studies for the progress of humanity in respect of international law.
Olimpia Niglio, Eric Yong Joong Lee

Heritage and Culture


Academic Disciplines as Transcultural Heritage: In Defence of Culture as Cultivation

This chapter will focus on academic disciplines as intangible institutions for the systematic transmission of accumulated knowledge. Academic disciplines will be presented as one of the forms in which humankind has preserved, developed and transmitted not just factual knowledge, but the more comprehensive project of human cultivation. I will show that arts, humanities and sciences share this fundamental aim of cultivation, what in Goethe’s terms might be called the “metamorphosis of the scientist,” and that these aims are comparable to the aims of such great systems of cultivation as Chinese Calligraphy. While not threatened in the same way tangible cultural heritage is threatened by wars, these institutionalized ways of cultivation are besieged by what is often labelled as neoliberalism and its utilitarian ethos. I will argue for the fundamental unity of arts and sciences and defend them as transcultural systems for transmitting accumulated knowledge, memory and cultivation that are in need of protection.
Marko Živković

Octagon: The Quest for Wholeness

An octagon is an eight-sided polygon. According to traditional teachings it symbolizes resurrection, perfection, and fulfillment, hence baptisteries are so often octagonal. That is also why I chose it as the denomination for my own multilingual collection of books and magazines on philosophy, psychology, religions, spirituality, and esotericism. The idea behind it was to form a humanistic and spiritual stronghold against the rampant materialistic and often purely mechanistic trends of these days. After fifty years a library of nearly 50.000 books and 20.000 magazines has resulted. Octagon is regarded as one of the largest specialized collections in this field in Europe.
Hans Thomas Hakl

Ecclesiastical Heritage as a Human Right

In several documents, the Church of Sweden has expressed that participation in the Church’s cultural heritage is a common right. According to the Church of Sweden’s cultural heritage goals, “the ecclesiastical cultural heritage belongs to all”. In the Church’s report to the government 2014, this is expressed as “Everyone who lives in Sweden is entitled to the history previous generations have created” and “access to the ecclesiastical cultural heritage is a right”. The article discusses what this “right” means and on what grounds it is based. It investigates the right to participate in ecclesiastical heritage on the basis of common cultural rights, according to international conventions and, more specifically, on the basis of rights to the ecclesiastical heritage according to national cultural policies. The article states that not only demolition but also closure, privatization, or otherwise inaccessibility of common and public ecclesiastical heritage may mean that people’s rights are not fulfilled and therefore neither conventions nor legislation are followed. Finally, it also discusses the right to assess ecclesiastical heritage values and the development of methods to increase participation in this work.
Henrik Lindblad

Curzio Malaparte’s War Novels in Poland: Then and Now

The paper analyses the reception of Curzio Malaparte’s novels Kaputt (1944) and La pelle (The Skin; 1949) in Poland and its relation to the problem of war and cultural heritage. Firstly, it describes the impact of the political situation in the 1960s in Poland on the reception of Kaputt and it examines the late reception of The Skin in Poland. Secondly, it focuses on the recent reception of Malaparte’s novels in a spectacle Caprithe Island of the Fugitives (Capriwyspa uchodźców; 2019) by a Polish stage director Krystian Lupa and shows how Malaparte’s novels reread today in the light of new cultural paradigms can contribute to the analysis of the problem of war and conflict in a broader contemporary perspective.
Małgorzata Ślarzyńska

A Living Heritage: The Villa E.1027 by the Sea

The work tells the story of a holiday home with a mysterious code name E.1027. The house is in one of the most beautiful places on the French Riviera, Roquebrune-Cap-Martin, a few kilometers from the Italian border. The villa was designed in 1926 by Eileen Gray in collaboration with her lover of the time, Jean Badovici. The name of the villa is an alphanumeric code with the initials of their names. Gray planned every little detail of the house, from the garden to the furnishing, and built a place where guests or permanent resident can relax and feel comfortable. Gray claimed that “Entering a house should be like the sensation of entering a mouth which will close behind you.” The Villa E.1027 is a masterpiece of modern architecture that overcomes the cold rationalism of Le Corbusier with the passion of a clever woman. Between 1938 and 1939, Le Corbusier wanted to take revenge on this woman by painting obscene sexist murals on every white wall in the house and he spent his life to control the villa’s fate. Today, after a long period of neglect and memory loss, we can finally visit the house, which has been restored to its original beauty and intimacy by a critical restoration that preserved also the Le Corbusier’s murals.
Luis Manuel Palmero Iglesias, Graziella Bernardo

Jitiya: Tharu Inherence to Eco-Culture

Having their physical and psychological struggle with frequently happening pandemics like malaria for many centuries until the new settlement plan from the government, Tharus, the indigenous people of central Nepal, Chitwan, have long attachment, recognition, and consideration to nature; and despite the issues of cultural hegemony over nature in environmental studies, they have the eco-culture to respect, preserve, implore, and eulogize nature. Now, after the formal migration, they live with cultural diaspora among many cultural values, but they have their own cultural values, distinct from non-Tharus, however, majorities of their religious functions resemble with traditional Hindu culture. Jitiya festival, distinct from rest of Hindu communities, is an example on how Tharu people, especially, women stay Vrata, and primarily worship nature and identify nature as the source of harmonizing all human and nonhuman environment. Their cultural respect to nature signifies their belief on the value and greatness of nature. The paper analyzes Tharu patterns of eco-culture in Jitiya, the cultural festival, and Jitiya Pawani, their Mythical literature.
Keshav Raj Chalise

Importance and Perspectives of Natural Heritage in Romania

Romania has more than 24.8% of its land designated as protected area under different directives and regulations. A significant part is covered by primeval forests. Despite the significant share of natural landscapes, different pressures and amenities are continually increasing. Logging of forests, modifications of wild rivers, and decreasing numbers of wildlife threaten natural heritage in Romania. The biodiversity losing is the result of intensive agricultural and forestry activities, partially industrialized, advanced fragmentation of natural habitats by infrastructure and urbanization, water, air pollution and tourism development. This paper analyses the main aspects regarding to evolution, SWOT evaluation, general vision regarding to the field of protected areas and the main aspects of conservation of biodiversity and natural heritage, in Romania.
Daniela Antonescu

A Relationship Between Plants and Their Hindu and Buddha Cultures: An Analysis Ficus Religiosa (Pipal)

Ficus religiosa or the sacred fig is a common tree found in the South Asian area having a cultural value. This study examines the environmental and cultural value of Ficus religiosa in the context of Nepal and Hindu and Buddha religious culture. This tree is found in the tropical, subtropical, and temperate region of Nepal (80 m–1600 m elevation range). Physically this species reaches a height of up to 30 m in Nepal. As per the study this tree has a life span of 1500 years. The longevity of the trees have the proof of various changes that occur in the earth system. Culturally this species is taken as one of the symbols of the Hindu mythical ‘Bishnu’ who is the people saver god in Hindu myth. Gautam Buddha got the knowledge sitting below the Ficus religiosa tree. So, Hindus and Buddhists both give more importance to this tree. Beside that scientific proof is there about having the highest rate of oxygen release during the daytime. This study gives the detail of the mythical aspects and scientific approach of the Ficus religiosa in Nepal, Hindu and Buddha culture.
Navaraj Pokharel, Bindu Adhikari Pokharel

Heritage and Law


International Legal Instruments as a Means for the Protection of Cultural Heritage

The international legal instruments concluded to date in the field of culture, especially within the framework of UNESCO, aim at bringing two fundamental messages. First, culture contributes to the maintenance of international peace and security. Second, the protection and promotion of culture is a general interest of humankind as a whole. The paper reviews the main objectives pursued by the UNESCO “cultural conventions”, relating, respectively, to the protection of cultural property during armed conflicts, illicit export of cultural property, world cultural and natural heritage, underwater cultural heritage, intangible cultural heritage, and diversity of cultural expressions.
Tullio Scovazzi

International and European Obligations on the Belgian State to Protect Cultural Heritage

Since the second half of the last century an increasing number of international and European rules have been adopted for the protection of cultural heritage. This transnational legal framework is applied by the Belgian State, even though the degree of applicability varies according to two criteria: the immediacy of application and the direct effect (also called direct applicability). The cross-cutting question through the analysis of this panel of rules imposing regulatory duties on States is how these rules have been applied in Belgian law and whether the burden required of the competent public authorities has increased in this area. It is important to note at this stage that most of these conventions are weak in terms of concrete implementation mechanisms and often have few binding monitoring bodies (except for the European Union). The obligations set out in these are not always precise but have nevertheless generally exerted some influence on Belgian legislators. The aim is therefore not to list every obligation contained in each ratified convention, but rather to measure the impact of the convention and the degree of constraint (notably through direct effect) that accompanies it.
Marie-Sophie de Clippele

Cultural Heritage in International Law: (Still) Looking for a Definition? The Taxonomy of Cultural Heritage Across the Spectrum of UNESCO Conventions and Beyond

The growing interest in the protection of cultural heritage has stimulated the production of a multifaceted body of law that includes several conventions, protocols, charters and declarations, promoted by UNESCO and other international Organizations. Each multilateral treaty that forms part of this corpus juris culturalis describes some elements, often listed by categories, as being part of its scope. Each text refers to different elements that vary depending on their nature (movable/immovable, tangible/intangible), location (on land or underwater) and context (peace/wartime); it defines the term ‘cultural heritage’ or similar terms for its own purposes. Hence, from a normative approach it is hard to find a general definition of what forms part of the internationally protected cultural heritage. The definition is multifaceted and somewhat fragmented, besides it is interrelated to that of cultural property. This paper argues that, despite the ‘fragmentation’ in the definition of cultural heritage, a set of general principles, that are acknowledged by all States independently from their consent to be bound under specific treaty provisions, can be identified. These principles underpinning the corpus juris culturalis can assist in enforcing cultural heritage protectionist rules and in enhancing the return of lost and looted artworks.
Alessandra Lanciotti

Traditional Cultural Expressions (TCEs), Holder Communities and Conflicts with Central States: Policies for the Recognition of Intangible Cultural Heritage (ICH) and Intellectual Property (IP) Regulation

The paper will focus on the policies aimed at recognizing and protecting the ICH and TCE’s endorsed by some international organizations, such as in particular UNESCO and WIPO. Hence, criticalities emerging from the relations between the international organizations and the central authorities of the States will be analysed. The central States are the signatories of the international conventions. In addition, both the State or the regional authorities can be identified by the same conventions as partners to the international organizations promoting the cited policies. However, when the holder communities of TCEs are in conflict with the State or regional authorities in whose territory the communities are located, there is a risk to compromise or limit the effectiveness of these policies, with damage to “moral” and economic interests of the community. Likewise, some critical matters related to policies based on the use of IPRs and sui generis protection rights, will be discussed, with specific regard to the difficulties in the identification of an owner as well as a work of authorship in a traditional context.
Carla Zuddas, Andrea Cocco

Heritage and Community


Cultural Diplomacy in India: Dispersal, Heritage Representation, Contestation, and Development

India (Bhārat), being one of the oldest cultures with continuity of traditions has introduced cultural diplomacy in the ancient past, and constantly followed the path of cultural dispersal as illustrated with the diffusion of Buddhism during the fifth-century BCE—the CE twelfth century in southeast and east Asia. One such example was marriage of princess from Ayodhya (India) to the king of Gimhae (Korea). Of course, the orientation of these diplomacies and uses changed from one dynasty to another. These dispersal and interaction lead to ‘heritage making’ in different parts. With change in ideologies by the present ruling government, representation of heritage is now superimposed by Hindu nationalism, resulting to rejuvenate Hindu temples and converting them as a cultural hub for tourism, replacing spiritual environment and religious identities, as exemplified in case of Ayodhya and Varanasi. Since 2014, the new government under their missions of (i) Heritage City Development and Augmentation Yojana (HRIDAY), and (ii) Pilgrimage Rejuvenation and Spiritual Augmentation Drive (PRASAD), working to strengthen and promote the holy-heritage sites under pilgrimage-tourism in a sustainable way and befitting into the SDGs. However, only the time will give answer to the degree of success.
Rana P. B. Singh, Pravin S. Rana

Algeria and Its Heritage: Inventory of the Various Heritage Policies, from the Pre-colonial to Colonial and Post-colonial Times

The question of heritage in Algeria is a crucial issue waiting to be addressed. For, despite its historical roots, Algerian heritage remains little known and valued. The first heritage policies emerged during the colonial period (1830–1962). After the country’s independence (1962), a policy of oblivion/omission—and a rather selective one—was practised by the supporters of a conservatism that is still alive today. This manifested itself in the falsification of a secular identity, neglecting in some cases and overvaluing in others, to give more vigour to a particular ideology. The purpose of this article is therefore to examine the interest aroused by the question of heritage by addressing the various policies that have been implemented against it. In order to do this, we thought it appropriate to consider a plan that is articulated into two parts, according to a chronological order that starts from the pre-colonial and colonial period, to the post-independence era.
Nora Gueliane, Kaouther Bouchemal

On the Edge of Protection: Motives for Migration

Cultural identity can be influenced by migration movements that have a strong effect on the formation of a nation. Inevitably, the transformation of cultural identity as a result of immigration for both ends—immigrants and homeowners—is a clear truth. This study aims to explore the influence of migration on cultural identity as a psychological and social process. Particular attention is paid to the migration of the Turkish minority living in Bulgaria to scrutinize formative forces of identities and the motives of the migration process aiming at the protection of cultural identity. This study is especially concerned with immigration to “homeland” for the protection of cultural identity. In particular, migration activities in the 1970s and beyond as well as their causes will be explored. Immigration to Turkey of the Turkish population in Bulgaria, despite being a well-known subject, there is very little scientific research on this theme.
Meltem Vatan

Defending the Sacred Valley of the Incas Against Misguided Tourism Development

Sacred Valley (SV) of the Incas, the heart of the ancient Incan empire located at the river Vilcanota-Urubamba basin, is a rich cultural corridor. When Machu Picchu was inscribed onto the World Heritage List (WHL), ICOMOS recommended this declaration be extended to include the SV landscape in order to protect the entirety of the valuable cultural processes that have taken place within. However, the candidacy was never submitted. A dramatic change is now happening in the area due to the pressure of tourism developers with misguided conceptions. A project to construct an airport in the District of Chinchero, located at the center of the Valley, poses the greatest risk. The project has faced opposition for different reasons. Our focus is on the effects the project could have on the area’s heritage, specifically on three particular world heritage sites: The Historic Sanctuary of Machu Picchu (HSMP), the Qhapaq Ñan (QÑ), and the City of Cusco.
Alberto Martorell

Heritage and Conflicts


Intangible Heritage in Colombia in the Midst of Armed Conflict and Unreached Peace

After sixty years of armed conflict in Colombia, the wounds have left very deep marks within the representative social groups and their cultural manifestations. War impacted vulnerable populations, especially those rich in indigenous and black heritage. The chapter explores the case of the El Salado massacre in the region of Montes de Maria, Colombia, in which between February 16 and 22, 2000, a group of paramilitaries executed 66 people, including men, women, and children while the victims were forced to play their traditional music or the killers played the instruments after each brutal murder or rape. The chapter discovers how international and national legislation reached out late but finally recognized the brutality of one group against another, and how from the cultural heritage a community strives to forget and to prepare its next generations for the future, based on reconciliation and revaluation of its intangible cultural values.
César Augusto Velandia Silva, John Jairo Uribe Sarmiento

The Protection of the War Cultural Heritage in the Valencian Community: Analysis of the Shelter Cervantes (Alcoy)

This study analyzes the regulation and protection of cultural heritage of war in the Valencian Community, after the adoption of Law 9/2017, of April 7, amending Law 4/1998, on Valencian Cultural Heritage. The objects that are protected and their legal regime are mentioned, considering that their importance for heritage comes from the relationship that they had with the Spanish Civil War. Along with this, special attention is given to shelters that nowadays are preserved and visited, especially that of Alcoy (Alicante), and their enhancement for the visitor who wants to know these spaces.
Francisca Ramón Fernández, Cristina Lull Noguera

Attacks on Tangible and Intangible Cultural Heritage: Human Rights Violations, Violations of International Cultural Heritage Law or a Threat to International Peace and Security?

Tangible and intangible cultural heritage has come under the radar of the UN Security Council; attacks to on cultural heritage are now perceived as threats to international peace and security. The paper discusses whether attacks on tangible cultural heritage and intangible cultural heritage practices, artefacts, and cultural bearers, should be viewed as human rights violations, or violations of international cultural heritage law or as a matter necessitating the response of the UN Security Council; in the latter case, the question is when should the Security Council react and what measures it could adopt. The paper addresses these issues and critically assesses whether the Security Council took advantage of the momentum to address the impact of COVID-19 on cultural heritage.
Kalliopi Chainoglou

Terrorism and the Loss of Cultural Heritage: The Case of ISIS in Iraq and Syria

Since 2014, ISIS (Islamic State in Iraq and Sham) has committed many terrorist crimes, which is considered serious international crimes such as crimes against humanity, genocide and war crimes; they claimed the lives of thousands of civilians and military personnel, demolished places of worship and destroyed antiquities and historical sites in the areas that controlled. Indeed, Iraq and Syria were the most affected countries. In this chapter, a definition of the legal status of the territorial power IS (Islamic state) under International Law will be presented, especially that IS declared itself a state without the recognition of other states and it dissociated itself from the body of international law. Along with a brief review of the tangible cultural heritage loss, the ideology of ISIS behind this systematic destruction of historical sites and objects will be clarified. Moreover, the research will put light on the international actions applied by other states to limit such cultural crimes. Based on the previous definitions and the achieved experiences and results, the chapter will be ended by proposing a mechanism of transitional justice to avoid future rising feelings of revenge, which may lead to new crimes that destroy societies and cultural heritage.
Antoine Dib, Milagros Aurora Revilla Izquierdo

Urban Recovery and Reconstruction Strategies for the Old City of Mosul After ISIL/Da’esh Occupation

The paper deals with the strategic approach to urban recovery and reconstruction for the Old City of Mosul after the damage deliberately inflicted by ISIL/Da’esh to its cultural heritage in 2014, and subsequently the loss and damage aggravated by the liberation of West Mosul in 2017. The damage to cultural heritage intentionally perpetrated by ISIL/Da’esh during the three years of occupation of vast swaths of territory in north-western Iraq, e.g., the twelfth-century Al-Nuri Mosque and its Al-Hadba Minaret, and the multilayered spiritual site of Nabi Younis within the ancient city of Niniveh, is unprecedented in modern times. Several months of armed conflict for the retake of the city left behind a wasted urban landscape, punctuated by destroyed monuments, demolished houses, damaged buildings, massive amounts of rubble, and unprecedented level of contamination from unexploded ordnances. Circa 40 percent of the historic urban fabric has been severely affected, with significant loss of integrity within the historic core, especially along the Tigris River. The paper aims at illustrating the methodology for the restoration and critical reconstruction of the Historic Urban Landscape of Mosul.
Giovanni Fontana Antonelli, Tommaso Cossu

The Role of Civil Society in the Application of International Law for Heritage Protection in Countries in Conflict in the MENA Region

Throughout the Middle East and North Africa (MENA) region, there have been a myriad of conflicts of very diverse nature, which have had catastrophic consequences for its inhabitants. To this day, countries in conflict in the region have also experienced unprecedented instability in the area, which is having effects on a global scale and whose importance and influence in many cases are difficult to predict. Needless to say, such conflicts have also caused severe damage to the heritage of the affected countries. In an effort to mitigate such damage towards heritage in these countries, this chapter will examine the work of Non-Governmental Organization Heritage for Peace (HfP) in protecting cultural heritage at different levels (international, Islamic and domestic law), by showing how important is the role of civil society regarding the applicability of international law for the protection of cultural heritage. The chapter will present different examples carried on by HfP through a vast network of collaborations among the civil society in Syria, Iraq, Yemen and Libya.
Francisco J. Rufián Fdez, Isber Sabrine, José Antonio González Zarandona

The Challenges Ahead of Iranian Natural Resources/Heritages Alongside the International Conventions in Upcoming Years

As the key development strategy and planning instrument of the government, the Sixth Five-Year Development Plan 2016–2021 of the Islamic Republic of Iran is underpinned by three core pillars: Developing a Resistance Economy; Progress in Science and Technology and Promoting Cultural Excellence. Meanwhile, the United Nations Development Assistance Framework (UNDAF) 2017–2021 provides a strategic framework for cooperation and a broad guide to facilitate coordinated planning and implementation of specific UN agency work programs in partnership with the Government of Iran. Four main priority areas were identified in the UNDAF: Environment; Health; Resilient Economy, and; Drug Control. The objectives of the current article are to investigate the existing challenges ahead the Iranian natural resources/heritages to face the international conventions and/or the agreements. First of all, a vision of Iranian natural resources (Forest, Rangelands, and the internal water bodies) were explained, and then the confirmed international conventions/agreements described too. The relevant existing weaknesses and strengths discussed at the end.
Hamidreza Solaymani Osbooei
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