| CODE | ERL2005 | ||||||||
| TITLE | Cultural Heritage Law | ||||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Environmental and Resources Law | ||||||||
| DESCRIPTION | The study-unit delves into the meaning of the term cultural heritage and how the notion incorporates the tangible and the intangible heritage. The study-unit will look into how objects or practices acquire the status of cultural heritage as well as how this process involves the interaction of various interest groups that affect the process which at times might have conflicting interests. It will also examine the relationship between cultural heritage and human rights together with the human rights rules applicable to cultural heritage. The study-unit therefore looks into developing jurisprudence on cultural heritage in a number of international treaties, national laws ethics and policies relating to cultural heritage. Study-unit Aims: To provide the student with the ability to engage in an analysis of the theoretical and academic debates that underlie cultural heritage law and to critically evaluate the role of international and national institutions as well as other stakeholders in the protection of the cultural heritage. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: 1. identify the role of the different actors in the cultural heritage sector together with the problems, challenges and risks faced by such actors; 2. appraise the history of Cultural Heritage Law and the key definitions; 3. be acquainted with how cultural heritage law relates with other legal areas particularly environmental law; 4. define the relationship between cultural heritage and human rights and identify the relevant legal instruments; 5. evaluate the controversy around the removal of 鈥渙ffending鈥� monuments and symbols and with the issue of corporate global responsibility. 2. Skills By the end of the study-unit the student will be able to: 1. critically understand the legal and philosophical considerations underpinning national and international cultural heritage law; 2. effectively apply knowledge to analyse complex issues and provide a critical assessment of the law. Main Text/s and any supplementary readings: - Barbara T, Hoffman ed; Art and cultural heritage: law, policy, and practice. (Cambridge University Press, 2006) - Chechi, Alessandro; The Settlement of International Cultural Heritage Disputes, (Oxford University Press, 2014) - Francioni, Francesco; Gordley, James eds; Enforcing International Cultural Heritage Law, (Oxford University Press, 2013) - Mifsud Bonnici, Ugo, An introduction to cultural heritage law (Midsea Books, 2008) - Stamatoudi, Irini; Cultural Property Law and the Restitution of Cultural Property: A Commentary to International Conventions and European Union law, (Cheltenham: Edward Elgar, 2011) United Nations Conventions - Convention for the Protection of Cultural Property in the Event of Armed Conflict. (The Hague, 14 May 1954, entered into force 7 August 1956) 249 UNTS 215 - First Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. (The Hague, 14 May 1954, entered into force 7 August 1956) 249 UNTS 215 - Second Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. (The Hague, 26 March 1999, entered into force 9 March 2004) 2253 UNTS 172 - UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. (Paris, 14 November 1970, entered into force 24 April 1972) 823 UNTS 231 - UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage of 1972. (Paris, 16 November 1972, entered into force 17 December 1975) 1037 UNTS 151 - UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. (Rome, 24 June 1995, entered into force 1 July 1998) 2421 UNTS 457 - UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. (Paris, 17 October 2003, entered into force 20 April 2006) 2368 UNTS 3 - UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October 2005, entered into force 18 March 2007) 2440 UNTS 311 Declarations - UNESCO Universal Declaration on Cultural Diversity of 2001 - United Nations Declaration on the Rights of Indigenous Peoples of 2007 Council of Europe - Council of Europe Convention on Offences relating to Cultural Property adopted on 3 May 2017 (Council of Europe Treaty Series no. 221) |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Antoine Grima |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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