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Protecting Cultural Property: Multiple Mechanisms For A Single Objective (eBook)

Edited by: Nuray Eksi, Tadeja Jere Jakulin, Gonca Dardeniz, Ottavio Quirico

ISBN13: 9783032066206
Published: February 2026
Publisher: Springer International
Country of Publication: Switzerland
Format: eBook (ePub)
Price: £139.50
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This volume offers a comprehensive, interdisciplinary analysis of the evolving frameworks for protecting cultural property, with a particular focus on the development of dispute resolution mechanisms at both national and international levels. Despite longstanding legal and institutional safeguards, cultural property continues to face serious threats from both persistent and emerging challenges, including illicit trafficking, looting, unauthorized excavations, cultural cleansing, and destruction caused by international and non-international armed conflicts. The growing influence of non-state armed groups and terrorist organizations further exacerbates these risks. In addition, the volume addresses new and compounding threats such as climate change, natural disasters, and the use of advanced technologies to produce counterfeit artefacts highlighting the urgent need for more effective, integrated protection strategies.

Contributions from experts in law, archaeology, history, and conservation science provide a multidimensional perspective on cultural property protection. Special attention is also given to the work of commissions and restitution bodies established to address the recovery of art looted during the Second World War. The roles of administrative bodies, museums, galleries, international organizations, and both governmental and non-governmental actors are critically examined within the broader context of cultural governance. Particular attention is given to judicial and non-judicial dispute resolution mechanisms, as well as the involvement of national and international law enforcement agencies. Case studies from conflict-affected regions including Iraq, Syria, Afghanistan, and Ukraine offer insights into the practical implementation of protective measures under conditions of extreme risk. The volume also explores the application of scientific methods in detecting forged artefacts and their evidentiary value in legal proceedings. It further explores how analytical techniques applied in the study of historical materials support the restoration and conservation of cultural property, including the identification of appropriate soils, fabrics, and other materials necessary for accurate reconstruction.

This work serves as an essential resource for a wide audience, including students, academics, legal professionals, law enforcement officials, policymakers, representatives of international organizations such as UNESCO, INTERPOL, UNIDROIT, ICOMOS, and ICOM, as well as museums and governmental bodies, all of whom are engaged in the protection and preservation of cultural property across diverse contexts, whether in times of peace or armed conflict.

Subjects:
eBooks, Art and Cultural Heritage Law
Contents:
Introduction

Part I: Protection of Cultural Property in National Laws and International Conventions
An Examination of the Preservation of Submerged Archaeological Sites: Legal Frameworks, Archaeological Research Methodologies, and the Site Management Strategies
Cultural Property in Private International Law: An Overall Assessment

Part II: Protecting Cultural Heritage through Intellectual Property Mechanisms
Cultural Assets in Terms of Copyright Law with Special Reference to the Right of First Publication for Archaeological Excavation Findings

Part III: Protection of Cultural Property through Administrative and Criminal Law
The Administrative Structure Regarding the Conservation of Cultural Assets in Turkiye.- A General Overview of Crimes Regulated In the Law No.
2863 on the Conservation of Cultural and Natural Property

Part IV: Protection of Cultural Property under WTO Framework
Trade Measures Taken for the Protection of National Treasures of Artistic, Historic or Archaeological Value Under Article XX(F) of the GATT 1994

Part V: Special Mechanisms for the Restitution of Nazi-Looted Cultural Property
UK Spoliation Advisory Panel.- Commissions for the Restitution of Cultural Property Looted During World War II in the Light of the French CIVS

Part VI: Techniques for Provenance Research, Detecting Fakes, and Combating Forgeries in Cultural Property
Nuclear and Analytical Analysis Techniques that Primarily Used to Characterization of Ancient and Historical Materials

Part VII: Protecting Cultural Property from Climate Change and Natural Disasters
Global Climate Change and Challenges that They Present For the Cultural Heritage with Particular Reference to Turkiye
Devastating Earthquakes Strike 11 Cities in Turkiye and Endangering the Nation's Rich Cultural Heritage

Part VIII: Lessons in Cultural Protection: Insights from Turkey and Slovenia - A Contrast of Scale and Heritage
Report the Comparison of Turkish and Slovenian Laws on Cultural Property: International Treaties, Administrative Structures, and Dispute Resolution Mechanisms