In: Stefan Gruber, 'Convention concerning the Protection of the World Cultural and Natural Heritage 1972' in: Malgosia Fitzmaurice and Attila Tanzi with Angeliki Papantoniou (eds) Elgar Encyclopedia of Environmental Law: Multilateral Environmental Treaties (Edward Elgar: Cheltenham 2017) 60-66
The protection of cultural objects through international law has developed significantly in the last couple of decades. Protection in the event of armed conflict was the subject matter of a convention in 1954; in 1970, measures were taken aimed at controlling the movement of recognized art treasures and other cultural property and, in recent years, efforts have been made to ensure the protection of immovable works of art in peace time. The latter works are threatened not only by age and cataclysms, through ignorance and vandalism of men but also, and increasingly, through the occupation of space required for the progress of civilization, such as the extension of residential zones, agriculture, industry, and the infrastructure for transport, and, generally by the devastating results of modern life manifested through industry and transportation. Even when protected these objects may suffer from old age and the fact that they have been turned into dead musea.
The protection of larger built-up areas that constitute sections of actively functioning urban zones is a challenge, even under favourable political and economic conditions. The case of Krakow&rsquo ; s historical town centre, which is protected as a historical site by national law and it was placed on the UNESCO World Heritage Sites List in 1978, clearly demonstrates how difficult it is to reconcile the passive character of current conservation doctrines with the demands of the free market and growth-oriented economy, when developer pressure is not sufficiently balanced out by public opinion and urban activist movements, when planning tools are incomplete or insufficient, and the criteria according to which strategic decisions are made are of a quantitative rather than a qualitative character. Apart from commonly encountered problems that are associated with the gentrification of town centres or the negative impact of mass tourism, Krakow must also face a growing flood hazard that stems from its specific and unfavourable hydrological and hydrogeological conditions that are compounded by the uncontrolled and uncoordinated expansion of urbanised areas, the decay of the natural environment, and the consequences of climate change. This article presents the multi-aspect site-specific conditions of the historical centre of Krakow, as well as the analysis of its protection as a UNESCO World Heritage Site, in the context of flood protection, while taking into consideration the environmental, economic, and social dimension of heritage. The critical conclusions that are featured in the work indicate both areas of possible immediate remedial action and the potential directions that new integrated protection strategies would take.
Intro -- Contents -- Introduction -- Cultural Heritage of Ivano-Frankivsk Region: Problems of Protection and Preservation -- Art Crime: Case Studies -- The Principle of Access to Cultural Heritage in Relation to Intellectual Property Law: The Challenges in the post-COVID World -- The Role of Tax Exemption with the Tax onthe Means of Transport in the Context of Cultural Heritage Protection as an Example -- The Crystallization of the Derivationof Subjective Rights in Environmental Protection in Culturally Important Areas: On the Example of a Commentary to the Judgment of the Supreme Administrative Court of March 15, 2018, II FSK 3579/17 -- Preservation of Digital Cultural Heritage as a Legal Challenge -- Most Important Documents Regulating the Issue of the Restitution of Cultural Goods during World War II and Their Impacton the Development of Restitution -- The 3rd European Games: Stakeholders, Profitability, Opportunities and Barriers -- Legal Determinants of the Concept of Social Responsibility in theProtection of Cultural Heritage -- Bibliography.
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In: Anna Petrig & Maria Stemmler, Article 16 UNESCO Convention and the Protection of Underwater Cultural Heritage, International Comparative Law Quarterly, Vol 69, April 2020, 397-429