The Legal protection of cultural heritage in international law and its implementation in Dutch law

Abstract

This study provides an overview of the main developments in the legal pro­tection of cultural heritage in international law since the 1960s. This includes a discussion of the cultural rights which are reflected in the protection of cultural heritage, and more in particular in the protection of the right of access to the cultural heritage. The purpose of this book is to contribute to the interpretation of the UNESCO Heritage Conventions for the implementation in the Netherlands. The research was guided by three research questions that are typical of the inter­ests involved in the protection of cultural heritage: What is the position of the nation-state, ii. What is the position of the individual right holders, and iii. What is the position of the communities in relation to their cultural heritage. After providing an overview of the conceptualisation of cultural heritage in Western society, the study describes how the relevant UNESCO Conventions in subsequent order have come to protect cultural heritage objects against illicit trafficking and cultural heritage monuments against decay or negligence, how the focus turned to the social context of the protection of cultural heritage and a more global perspective by the attention for the safeguarding of intangible cultural heritage, and how this attention turned towards the value of cultural heritage to society in both a cultural as an economic perspective. The study concludes in general that the development of the protection of cultural her­itage and the protection of cultural rights in international law has led to a fine network of rules and regulations that is relevant in a network of policy areas like international trade and the protection of human rights. It is therefore necessary to interpret and explain these rules and regulations in con­text. It is demonstrated that the more cultural expressions are considered as cultural heritage, the more the regu­latory framework is covered by public international law, and that the protection thereof is not so much based on the protection of private interests, or national interests, but on the protection of international or community interests. The research on the developments in the legal protection of cultural heritage leads to the following conclusions: i. the legal protection of cultural heritage is fundamental to cultural diversity and sustainable cultural industries. ii. the UNESCO World Heritage Convention and the Intangible Herit­age Convention should be interpreted in each other’s context, and that it may be advised that in time these two Conventions should merge into one. iii. The age limits for the protection against illicit trade of cultural property in the 1970 UNESCO Convention, and the EU Directive and Regulation are based on an outdated historical perspective of cultural heritage that ignores the importance of contemporary cultural heritage, as well as the importance of this cultural heritage in the future.