Abstract
The chapter gives an introduction to the rationale of international cultural heritage law. Whereas the frequently used notion of “cultural property” hints on the commercial relevance of cultural goods, “cultural heritage” designates human expressions that constitute the identities of groups and communities. Cultural heritage may be tangible like monuments and paintings or intangible like ...
Abstract
The chapter gives an introduction to the rationale of international cultural heritage law. Whereas the frequently used notion of “cultural property” hints on the commercial relevance of cultural goods, “cultural heritage” designates human expressions that constitute the identities of groups and communities. Cultural heritage may be tangible like monuments and paintings or intangible like languages, religious beliefs, or fashion.
UNESCO has adopted a series of conventions for the protection of cultural heritage, ranging from the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict to the 2005 Convention on Cultural Diversity. An analysis of these conventions and other international documents shows that, beyond questions of private property law, cultural goods may be attributed to the group where they have been created or to the community where they are located or even to humanity as a whole. Construed in a static way, cultural heritage, which constitutes a given group or community, may be used in order to exclude those who do not belong to the same group or community. Under a dynamic concept, which recognizes the inspiring potential of cultural diversity, by contrast, multiple, multilayered, and contextual identities may be conceived.
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