The Book "Cultural Heritage Law: China and the World" was Published
Date:2024/05/20 15:32:57
Recently, the book "Cultural Heritage
Law: China and the World," compiled under the auspices of the UNESCO Chair
on Cultural Heritage Law at Renmin University of China, has been published by
The Commercial Press. This book is an important outcome of the UNESCO Chair on
Cultural Heritage Law project at Renmin University of China, and it has been
co-authored by the chair team in collaboration with renowned experts and
scholars in the field of cultural heritage law from China and abroad.
Brief description of content:
Cultural heritage is not only the
historical witness of a particular nation and country, but also an important
resource for the sustainable development of society and an organic part of
human civilization. The protection of cultural heritage involves a variety of
social relations and multiple interests in the trade-offs and games, and
inevitably there are contradictions and conflicts. Therefore, countries have
adopted legislation to regulate the protection and management of their
important cultural heritage, and the international community has also paid
great attention to the protection of cultural heritage. International
organizations represented by UNESCO have issued many important international
conventions and other legal documents in the field of cultural heritage
protection, establishing an international legal framework for cultural heritage
protection.
China, with its long history and rich
cultural heritage resources, is an important member of UNESCO. As a responsible
big country, China has actively supported UNESCO's work in the field of
cultural heritage protection, acceded to most of the international conventions
on cultural heritage it has introduced and advocated, actively assumed the
responsibility of protecting the common cultural heritage of all mankind, and
established a legal system for cultural heritage, with the Protection of
Cultural Relics and Intangible Cultural Heritage Laws at its core. Since the
18th National Congress, the CPC Central Committee with Xi Jinping at its core
has attached great importance to the construction of the rule of law in culture
and the protection of cultural heritage, and has promoted the continuous
improvement of the legal system related to cultural heritage, successively
initiated the comprehensive revision of the Law on the Protection of Cultural
Relics and the Law on Intangible Cultural Heritage, and included the
formulation of the Law on the Protection of Historical and Cultural Heritage in
the legislative program, so as to provide legal safeguards for the
establishment of a system for the protection and transmission of historical and
cultural heritage that embodies Chinese characteristics and is in line with
international development. It will also include the enactment of the Law on the
Protection of Historical and Cultural Heritage in the legislative program, to
provide legal guarantee for the establishment of a historical and cultural
heritage protection and transmission system that reflects Chinese
characteristics and responds to international development.
The book systematically combs through the
1954 Convention for the Protection of Cultural Property in the Event of Armed
Conflict, the 1970 Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural Property, the 1972
Convention for the Protection of the World Cultural and Natural Heritage, the
1995 Convention on Stolen or Illegally Exported Cultural Objects, and the 2001
Convention on the Protection of the Underwater Cultural Heritage, all of which
are issued or promoted by UNESCO. On the basis of the history of the formation
and development of major cultural conventions such as the 2001 Convention on
the Protection of the Underwater Cultural Heritage, the 2003 Convention for the
Safeguarding of the Intangible Cultural Heritage and the 2005 Convention on the
Protection and Promotion of the Diversity of Cultural Expressions, and taking
the different issues covered by the conventions as a clue, we will conduct a
comparative study on the specific institutional measures for the implementation
of the conventions in China and other countries such as the United Kingdom, the
United States of America, France, Italy, Germany, Australia and Poland. The
study seeks to provide useful reference for the correct understanding of the
spirit of the above conventions, the continuous improvement of the
implementation mechanism of the relevant domestic laws, and the better
protection of China's rights and interests under the framework of international
conventions.
The Chair team has selected a number of
countries with different forms of national organization, legal systems and
cultural backgrounds, each with its own characteristics in the implementation
of international conventions on cultural heritage, as samples for the
comparative study. As far as possible, the Chair team has invited renowned
experts of the countries concerned to write the relevant contents, so as to
ensure the objectivity, accuracy and comprehensiveness of the relevant study.
The contents written by foreign experts are translated and proofread by Chinese
scholars in the team who have studied in that country, have a good language
foundation, and have a better understanding of that country's cultural heritage
legal system, and the translator's notes are added to some difficult or
ambiguous terms to facilitate readers' reading and understanding.
(This part is from the “Preface” of the
book.)
Author Team:
The author team of the book includes experts and scholars engaged in cultural heritage law from Renmin University of China, Minzu University of China, China University of Political Science and Law, East China University of Political Science and Law, Xiamen University, Xi'an Jiaotong University, University of Technology Sydney, University of Kent, University of Toulouse I, University of Opole and University of Verona.
Author Biographies (in the order of
chapters written):
Wang Yunxia, Professor at the Law School of
Renmin University of China, Distinguished Professor at the Law School of Minzu
University of China, and Holder of the UNESCO Chair on Cultural Heritage Law.
Research interests: Cultural Heritage Law, Foreign Legal History.
Hu Shanchen, Lecturer at the Law School of
Minzu University of China, Doctor of Law from Renmin University of China, and a
member of the UNESCO Chair on Cultural Heritage Law team. Research interests:
Cultural Heritage Law, Comparative Law, Human Rights Law.
Zhong Hui, Associate Professor at the Law
School and South China Sea Institute of Xiamen University. Research interests:
International Law, Maritime Law, Cultural Heritage Law.
Gao Sheng, Professor at the School of
Literature, Law and Economics of Shandong University of Science and Technology.
Research interests: International Private Law, International Civil and
Commercial Dispute Resolution, Cultural Heritage Law.
Liu Lina, Associate Professor at the Law
School of Xi'an Jiaotong University. Research interests: Cultural Heritage Law,
Intellectual Property Law, International Law.
Li Yuan, Jointly trained Ph.D. student at
Renmin University of China and DePaul University in the United States. Research
interest: Cultural Heritage Law.
Guo Ping, Scholar in Germany, Doctor of Law
from Renmin University of China, Postdoctoral researcher at Beijing University
of Technology. Research interest: Cultural Heritage Law.
Huo Zhengxin, Professor at the School of
International Law of China University of Political Science and Law, Qian
Duansheng Chair Professor. Research interests: International Law, Cultural
Heritage Law.
Chen Ruida, Doctoral candidate at the
School of International Law of China University of Political Science and Law.
Li Weifang, Professor at the School of
International Law of East China University of Political Science and Law.
Research interests: International Public Law, International Environmental Law,
Cultural Heritage Law.
Tian Yan, Professor at the Law School of
Minzu University of China. Research interests: Human Rights Law, Ethnic Law,
Cultural Heritage Law.
Liu Di, Doctoral candidate at the Law
School of University of Chinese Academy of Social Sciences.
Sophie Vigneron, Reader at the School of
Law, University of Kent, UK. Research interests: Art and Cultural Heritage Law.
Zeba Farah Haque, Teaching Program
Administrator at the University of Kent, Master's in International
Environmental Law and Human Rights Law. Research interests: International
Public Law, European Law, Cultural Heritage Law.
Clémentine Bories, Professor at Toulouse 1
University, France. Research interests: International Public Law, European Law,
Cultural Heritage Law.
Florent Garnier, Professor at Toulouse 1
University, France. Research interests: Cultural Heritage Law, Roman Law.
Sabrina Ferrazzi, Postdoctoral researcher
in Comparative Private Law at the School of Law, University of Verona, Italy.
Research interest: Cultural Heritage Law.
Alicja Jagielska-Burduk, Doctor of Law,
Holder of the UNESCO Chair on Cultural Property Law. Research interests: Art
and Cultural Heritage Law.
Piotr Stec, Professor at the Faculty of
Law, University of Opole, Poland. Research interests: Administrative Law, Cultural
Heritage Law.
Ana Filipa Vrdoljak, Professor at the
School of Law, University of Technology Sydney, Australia, Holder of the UNESCO
Chair on International Law and Cultural Heritage. Research interests:
International Law, Cultural Heritage Law.
Table of Contents:
Introduction: The International Legal Framework for the Protection of Cultural Heritage (Wang Yunxia, Hu Shanchen)
Part One: The Development and Evolution of
International Conventions on Cultural Heritage
International Law Protection of Cultural
Heritage in Armed Conflict (Zhong Hui)
International Law Rules on Illicit
Trafficking of Cultural Property and Its Restitution (Gao Sheng)
The Emergence and Development of the World
Heritage System (Hu Shanchen)
International Law Protection of Underwater
Cultural Heritage (Liu Lina)
International Law Protection of Cultural Diversity and Intangible Cultural Heritage (Hu Shanchen)
Part Two: National Practices in
Implementing UNESCO Cultural Heritage Conventions
The Practice of the United Kingdom in Implementing
the Six UNESCO Cultural Heritage Conventions (Sophie Vigneron, Zeba Farah
Haque)
Cultural Heritage Law of the USA and UNESCO
Conventions (Li Yuan)
France and UNESCO Cultural Heritage
Protection Conventions (Clémentine Bories, Florent Garnier)
Italy's Response to UNESCO Cultural
Heritage Conventions through Its Cultural Heritage Law (Sabrina Ferrazzi)
Implementation of UNESCO Cultural Heritage
Conventions in Germany (Guo Ping)
Implementation of UNESCO Cultural Heritage
Conventions in Poland's Cultural Heritage Law (Alicja Jagielska-Burduk, Piotr
Stec)
Implementation of UNESCO Cultural Heritage Conventions in Australian Cultural Heritage Law (Ana Filipa Vrdoljak)
Part Three: The Implementation and Impact
of International Cultural Heritage Conventions in China
The Basic Framework of Chinese Cultural
Heritage Law (Wang Yunxia, Guo Ping)
Chinese Practice in the Protection of
Cultural Heritage in Times of Armed Conflict (Huo Zhengxin, Chen Ruida)
Implementation of International Conventions
Against Illicit Trafficking in Cultural Property in China: Achievements and
Challenges (Wang Yunxia)
Legal Construction and Practice in the
Protection of World Cultural Heritage in China (Li Weifang, Hu Shanchen)
Chinese Practice in the Protection of Cultural
Diversity and Intangible Cultural Heritage (Tian Yan, Liu Di)
The Protection of Underwater Cultural
Heritage Convention and China's Management of Underwater Cultural Heritage (Liu
Lina)