International law and the protection of cultural heritage /
by Craig Forrest
- London: Routledge, 2010.
- xxii, 458 p.
1 Defining cultural heritage in international law; Introduction-- The notion of cultural heritage; The values attributable to cultural heritage; The expressive value of cultural heritage; Preservation of archaeological and historical evidence; Economic value; To whom the cultural heritage is of value; Group or community; The nation; Humankind; The meaning of protection; Physical protection; Protection in situ. Protection of visibility and accessibilityRetention of cultural heritage; Protection as co-operation; Conclusion; The legal value of cultural heritage; The definition of cultural heritage in International Conventions; Conclusion: For the purposes of the present Convention; Post script: A note on terminology-- 2 International legal framework; Introduction; The International Law of Conventions; The adoption of Conventions and consent by States to be bound; Protocols; Reservations; Entry into force; Revision of Conventions; Retrospectivity of Conventions. The national implementation of international ConventionsInterpretation of Conventions; The binding nature of Conventions; The State in whose territory the cultural heritage is found; Other States Parties to a Convention; Third States; The international community; Customary international law; Soft law -- 3 Cultural heritage and armed conflicts; Introduction; The armed conflict in the Balkans; Iraq and the Gulf Wars; A history of war and cultural heritage; The Hague Regulations; The First World War and its aftermath; The Second World War and the 1949 Geneva Conventions. The doctrine of military necessity1954 Hague Convention; Overview of the Convention; The preamble's guiding principles; Scope of Application of the Convention; Definition of cultural property; The core Conventional duties; Safeguarding cultural property; Respect for cultural property; Occupation; Special protection; Special protection and the military necessity exception; The international regulatory regime; First Protocol and occupation; The 1977 Additional Protocols to the Geneva Conventions; The 1999 Second Protocol; General provisions regarding protection; The enhanced protection regime. The list of cultural property under enhanced protectionEnhanced protection and military necessity; Penal sanctions; New institutional arrangements; The protection of cultural property during armed conflict and customary international law; Conclusion; -- 4 The return, restitution and repatriation of movable cultural heritage; Introduction; The history of the protection of movable cultural heritage; The return, restitution and repatriation framework; The market for cultural heritage; Defining terms of movement; Restitution; Return; Repatriation; Place of origin; Identifying the physical origin. 5.World heritage convention-- 6.Underwater cultural heritage-- 7.Intangible cultural heritage-- 8.From five international convention to an international law of co-operation.