Draft Cultural Property Armed Conflicts Bill

The aim of this Bill is to ensure the security of the nation's most important cultural property in the event of armed conflict, and further, that the UK takes the obligation under international humanitarian law to respect and safeguard the cultural property of other nations. The Bill is required to enable the UK to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague Convention) and accede to its two protocols (1954 and 1999). The Convention, adopted following the massive destruction which took place during the Second World War, provides a system to protect cultural property from the effects of international and domestic armed conflict. Parties to the Convention are required to respect cultural property situated within the territories of other parties by not attacking it, and respect cultural property within their own territory by not using it for the purposes which are likely to expose it to destruction or damage during armed conflict. The document sets out: a Draft Bill; Explanatory Notes and Regulatory Impact Assessment.

The draft Bill published as Cm. 7298 (ISBN 9780101729826)

"Since the publication of the first edition of War and Cultural Heritage in 2004 there have been a number of important developments. The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict has entered into force and there are now 64 States Parties. The Committee for the Protection of Cultural Property in the Event of Armed Conflict provided for under the Second Protocol has been set up and has adopted the Guidelines for the Implementation of the Second Protocol. Disbursements have been made from the Fund for the Protection of Cultural Property in the Event of Armed Conflict. In 2008 the United Kingdom published for public consultation the draft Cultural Property (Armed Conflicts) Bill, the legislation to enable the United Kingdom to become a Party to the 1954 Convention and its two Protocols and in 2009 the United States ratified the 1954 Hague Convention (but neither of its two Protocols). The time to publish a second edition of War and Cultural Heritage to take account of these and other developments is long overdue. The civil war in Syria has resulted in extensive destruction of that nation's cultural heritage. More recently in the conflict of Mali Islamist insurgents retreating from Timbuktu set fire to a library containing thousands of priceless historic manuscripts, described by the town's mayor as a 'devastating blow' to world heritage. These incidents demonstrate the need for all parties engaged in armed conflict to have regard to the rules of international law concerning the protection of cultural property. War and Cultural Heritage contains in a single volume an article-by-article commentary on the 1954 Hague Convention and its Two Protocols. The book also analyses other instruments of international humanitarian law relevant to the protection of cultural property. These include the 1949 Geneva Conventions and the 1977 Additional Protocols, which had a profound influence on the drafting of the 1954 Convention and the Second Protocol respectively. The book also examines the extent to which the provisions of the 1954 Convention and its Protocols are part of customary international humanitarian law. The book takes into account the latest developments regarding the international efforts to secure restitution of Holocaust-looted cultural property, including the work of the UK's Spoliation Advisory Panel"--Page 4 of cover

Government response to the Committee's 9th report, HC 693 and 11th report, HC 821, session 2007-08 (ISBNs 9780215522177 and 9780215523402)

In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.

The 'British Year Book of International Law' is a key reference resource for academics and practising lawyers, providing up-to-date information on important developments in modern international law.

The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.

This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.