Cultural property offers a significant yet ambiguous example of the development of global regulatory regimes beyond the State. On the one hand, traditional international law instruments do not seem to ensure an adequate level of protection for cultural heritage; securing such protection requires procedures, norms, and standards produced by global institutions, both public (such as UNESCO) and private (such as the International Council of Museums). On the other hand, a comprehensive global regulatory regime to complement the law of cultural property is still to be achieved. Instead, more regimes are being established, depending on the kind of properties and public interests at stake. Moreover, the huge cultural bias that dominates the debate about cultural property accentuates the “clash of civilizations” that already underlies the debate about global governance. The analysis of the relationship between globalization and cultural property, therefore, sheds light on broader global governance trends and helps highlight the points of weakness and strength in the adoption of administrative law techniques at the global level.

"Italian Hours": the Globalization of Cultural Property Law / Casini, Lorenzo. - In: INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW. - ISSN 1474-2640. - STAMPA. - 9:(2011), pp. 369-393. [10.1093/icon/mor040]

"Italian Hours": the Globalization of Cultural Property Law

CASINI, Lorenzo
2011

Abstract

Cultural property offers a significant yet ambiguous example of the development of global regulatory regimes beyond the State. On the one hand, traditional international law instruments do not seem to ensure an adequate level of protection for cultural heritage; securing such protection requires procedures, norms, and standards produced by global institutions, both public (such as UNESCO) and private (such as the International Council of Museums). On the other hand, a comprehensive global regulatory regime to complement the law of cultural property is still to be achieved. Instead, more regimes are being established, depending on the kind of properties and public interests at stake. Moreover, the huge cultural bias that dominates the debate about cultural property accentuates the “clash of civilizations” that already underlies the debate about global governance. The analysis of the relationship between globalization and cultural property, therefore, sheds light on broader global governance trends and helps highlight the points of weakness and strength in the adoption of administrative law techniques at the global level.
File allegati a questo prodotto
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/435904
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 12
  • ???jsp.display-item.citation.isi??? 14
social impact