Heritage in War and Peace: Legal and Political Perspectives for Future Protection

ISBN-13: 9783031473463 / Angielski

Gianluigi Mastandrea Bonaviri; Miroslaw Michal Sadowski

Spis treści

Introduction. Venturing to Find New Approaches to Heritage in Peril for the 21st Century.- Part I. Cultural Heritage Between Theory, the Past, and the Future.- Ruins as Cultural Heritage. Ethical and Aesthetic Considerations.- Finding the Intangible: Contested Cityscapes, Inclusive Cultural Heritage Determinations, Balancing Stakeholder Interests… Is Urban Property Law Up to the Challenge?.- Should Heritage be Preserved? Examining Contention Over Confederate Monument Removal.- Ruins and Heritages, the Great Mutation of China’s Diplomacy in its Encounter with Europe in the 19th Century.- Cultural Heritage Law and NaturalCultural Paradigms within the Sustainable Development Discourse.- Adopting a Holistic Approach to Cultural and Natural Heritage Protection under the UNESCO World Heritage Convention.- Cultural Heritage and the Conservation and Insecurity Paradigms: International Law in the Pursuit of Social Cohesion.- NFT and Blockchain Technology for a Sustainable Future of Cultural Heritage.- The Virtual Museum: How Technology and Virtual Reality may Help Protect and Promote Cultural Heritage.- The Two Most Important 21st Century Disputes in Cultural Heritage Law.- Part II. Heritage Issues in Times of War and Conflict.- The Protection of Cultural Property in the Case of Armed Conflict: The State of Current and Future Developments in Military Doctrine.- Military Necessity as an Exception in the Context of Cultural Heritage Protection: Exploring the Role Played by the Proportionality Principle.- Cultural Heritage as a Neutral Party: The Role of Neutrality in the Protection of Cultural Heritage During Armed Conflict.- Mens Rea in International Criminal Law: A Look at Eichmann’s Responsibility in the Light of Kant and Arendt.- Protecting Cultural Heritage in Times of War: A Study of the Gravity of Protection Rules vs the Weight of Violations.- To Break Their Will to Fight: The Weaponization of Heritage in Modern Irregular Warfare.- Heritage in War: International Criminal Responsibility for the Destruction of Cultural Heritage in Armed Conflict.- Destruction of Natural and Cultural Heritage during the Armed Conflicts: An International Law Perspective.- Facing Heritage Protection in Armed Conflicts, International Institutions and Civil Society.- Armed Non-State Actors and Cultural Heritage Protection under IHL.- Cultural Heritage and International Security through the role of ANSAs.- Part III. Heritage Issues in Times of Peace and Stability.- Law, Vague Legal Terms and Clothing as Everyday Culture.- Eat the Rich: A Rethinking of the Heritage-Crime-Development Nexus.- Mainstreaming Indigenous Peoples’ Human Rights in the Protection of Cultural and Natural Heritage: The Role and Issues Surrounding of Relevant Global Governance Actors.- The Legal Process of Transformation: Exploring the Interactive Relationship between Cultural Heritage and Geographical Indications (GIs).- Gender, Traditional Cultural Expressions, and Intellectual Property: Exploring Women’s Empowerment and Cultural Production in Zambia.- Folk Art and Stylized Folk Art from the Perspective of Intellectual Property Law. Analysis of the Example of Two Polish Folk Song and Dance Ensembles, ‘Mazowsze’ and ‘Śląsk’.- Part IV. Heritage as a Right: From the Fight for Preserving the Past to the Questions of Restitution.- Shrouds of Silence: Dismantling of the Heritage Sites of Middle Eastern Minorities as de facto Erasure of History.- The Consequences of Violence against Women and Children in Armed Conflicts for their Intangible Cultural Heritage. A Diachronic Perspective of Universal Rights of Women.- Cultural Heritage: A Critical Element of the Right to Education and the Right to Identity of Children in Armed Conflict.- Legal Obstacles to Claims for Restitution of Cultural Objects Removed as Spoils of War.- Cultural Heritage Law in the Dock: Protecting Cultural Objects in Un-recognized States and Governments.- Cultural Treasures and their Place of Origin: Crimean Treasures return to Kyiv.- Performing Special Protection: Cultural Heritage in PostWar Kosovo.- Conclusions. Heritage in War and Peace.- Afterword. Return to the First Seminar: Protecting an Invaluable Heritage. The Egyptian Case.

O autorze

Gianluigi Mastandrea Bonaviri is a Professor of Diplomatic and Consular Law at the University of Bologna and collaborator of the Chair of International and European Diplomatic and Consular Law at Sapienza. He joined the ranks of the diplomatic career in March 2016 and served as Deputy Chief of the Human Rights and United Nations Office at the Directorate General for Political Affairs and Security of the Italian Ministry of Foreign Affairs and International Cooperation. Since February 2021, he has been First Secretary at the Embassy of Italy in Cairo. He has a Master in Diplomatic Studies at the Italian Society of International Organisations and a PhD in Public, Comparative and International Law from La Sapienza University. He is an expert in international humanitarian law, international human rights law, international criminal law, cultural heritage, humanitarian diplomacy and cultural diplomacy.

Mirosław Michał Sadowski is a Lecturer in Legal Theory at the School of Law, University of Strathclyde in Glasgow, Scotland; Affiliated Researcher within the "Mnemonic Reality" project at the Centre for Global Studies, Aberta University in Lisbon, Portugal; Postdoctoral Fellow at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; and Research Assistant witin the "Memocracy" project at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland. In 2023 he obtained a Doctor of Civil Law (DCL) title from the Faculty of Law, McGill University, in Montréal, Canada. He is an expert in law and memory studies, cultural heritage law, Central and Eastern European studies and the law of Hong Kong and Macau SARs. He serves at the Board of the Richard Wagner Society of Wrocław, Poland.

Blurb

This edited collection, which brings together nearly fifty authors from across the globe and various disciplines, makes a valuable contribution to the field of conservation, covering a wide range of topics regarding the protection of heritage in times of war and peace. Uniquely linking the two typically separate perspectives, the book builds on the wealth of discussions that took place during the 2021 and 2022 installments of the international “Heritage in War and Peace” Seminars held in Rome and Montréal, respectively.

Issues explored in the volume include but are not limited to questions surrounding the protection of contentious heritages, unsustainability of the current dichotomic cultural/natural heritage protection frameworks, digitalization of heritage, place of heritage in military conflicts, use of heritage by armed non-state actors, indigenous peoples’ relationships with heritage, the intersection of intellectual property (IP) law and heritage, human rights matters linked to heritage protection, and the latest case studies surrounding restitution.

Given its scope, the book will be of particular interest not only to practitioners and conservation specialists but also to academics and students in the broader social sciences and humanities, and to all those who hope to preserve our heritage for future generations.