The Sources and Operative Principles of International Cultural Heritage Law

• Main Authors: Chen, Chih-Hsuan, 陳芷璇
• Other Authors: Cheng, Chia-Jui
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/54217430487862270341

碩士 === 東吳大學 === 法律學系 === 103 === International cultural heritage law (ICHL) is a new sub-branch of international cultural law within the framework of public international law. The new sub-branch of this legal system has been rapidly enriched by its materials and widely known by international society. United Nations Educational, Scientific, and Cultural Organization (UNESCO) is the responsible authority for the formulation of international treaty law, which is constituted as the major sources of international cultural heritage law. In addition, it deals with the evaluating criteria (which is called “outstanding universal value”) and protection of cultural heritage. International cultural heritage law is the core of this study. The purpose of the study is analyzing the sources of international, regional, other Countries. Also, it analyzes Taiwan’s cultural heritage law system and current operating mechanism for the protection of international, regional, and Taiwan’s cultural heritage. This thesis deals with the concept, category, and documents within the purview of international law and tries to provide the sources and basis of the principles of international cultural heritage law deduced from the multinational and bilateral conventions, international organizations and non-governement organizations’ resolutions, judgments of International Court of Justice, and other relevant documents. In addition, this thesis will further construct the international and municipal legal system of current operation of international heritage law from international, regional and domestic legislation. Chapter 1 is introductory chapter. It includes the purpose, motivation and framework of this thesis. Chapter 2 contains the definition and categories of cultural heritage. Moreover, this chapter also analyzes the relationship between international cultural heritage law and other subjects, such as anthropology, international public law, international economic and trade law, the law of sea, international human right law and international private law. These subjects are containing some relative regulations or rules. Chapter 3 introduces the sources (international conventions, custom, general principles, judgment, and resolutions) of international cultural heritage law. Chapter 4 provides several Countries’ domestic law about the protection of theirown tangible, intangible and underwater cultural heritage in their territory. We can figure out the different regulations and purposes between these Countries. Chapter 5 discusses the principles of international cultural heritage law, which was discovered from numerous international treaties of UNESCO, for example, the principle of tolerance, the principle of cultural diversity, the principle of sovereignty and the principle of international cooperation. Chapter 6 is divided into three parts of operating mechanism of cultural heritage. The first part is the operative system of international treaties, such as World Heritage Convention in 1972, Safeguarding of Underwater Cultural Heritage Convention in 2001 and Safeguarding of Intangible Cultural Heritage Convention in 2003. The second part is regional (EU, ASEAN, and OAS) operative mechanism. The third part is Taiwan’s operating system. Last but not least, chapter 7 is conclusion. The advantages and disadvantages of international cultural heritage law will be mentioned in this chapter. From above-mentioned research, one can find out the substantial and insufficient parts of international cultural heritage law, which will put an effort to deepen the further research and complement the basis of international cultural heritage law.