Protection Of Cultural Property Research Articles

Охрана культурных ценностей Российской Федерации уголовно-правовыми средствами

Охрана культурных ценностей Российской Федерации уголовно-правовыми средствами

Modifying the legislative structure for the protection of monuments to serve the cultural, economic and tourist importance of the monument

Due to the economic, cultural and tourist importance of the Egyptian antiquities, many international organizations such as UNESCO have adopted the protection of cultural property within the 1954 Hague Convention which prohibits the looting and theft of any cultural property, as well as the protection of antiquities law No. 117 of 1983 and the new antiquities protection law. In 2010

INTANGIBLE TRACES AND MATERIAL THINGS: THE PERFORMANCE OF HERITAGE HANDICRAFT

The designation of handicrafts as “intangible heritage” under South Korea’s Intangible Cultural Properties Protection Law contains an inherent contradiction: The skills of potters, weavers, paper-makers and other craft producers are akin to the embodied and artful work of dancers and singers in performance genres similarly recognized by the law, and they are likewise realized through disciplined and embodied knowledge made manifest in evanescent performance—thus their “intangibility.” But in contrast with performing arts, handicraft production leaves its tangible trace in a material object, in such things as cast metal, worked wood, ceramics, and textiles. In other words, the resulting craft object is a witness to the performance of intangible heritage and thus to the validity of the object’s claims as an authentic and valuable Korean thing. Market value makes possible the viability of the craft, but marketable crafts also assume innovations and compromises to meet consumer tastes with a viable price point. In this article, I explore the ambiguities of handicraft performance, how certain aspects become front stage and iconic demonstrations while others are carried out backstage, how claims are made for the Koreanness of the performers, and how some processes and materials are necessarily compromised in the practical production of handicrafts for a high end market. It is not my aim to argue against a compromised authenticity but rather to situate the story of Korean handicraft inside an ongoing discussion about what it means to do handicraft in the broadest possible sense in the twenty-first century. The verb “to do” is carefully chosen to include not only the critical process of making things in the sense of throwing pots or looming cloth but the surrounding networks of material acquisition, labor, circulation, marketing, consumption, and general discursive “craft talk.”

천연기념물 식물유전자원의 보존방안 고찰 - 나고야의정서 발효 대비 중심으로 -

Natural Monument is a designated cultural property as part of the country. According to Article 2 of the Cultural Properties Protection Act, a national, ethnic and global heritage artificially or naturally formed, with a great historical, artistic, scientific and landscape significance is defined as a cultural heritage. Animals, plants, topography, geology, minerals, caves, biological products and special natural phenomena, having a great of historic, scenic and scientific value, are defined as the monument. According to Article 3 of Cultural Properties Protection Act, the conservation, management and utilization of National Heritage should be kept intact in its original form. So, Natural monuments are managing as retained its original form under the Basic Principles of current law. The highest population of coniferous tree in natural monument plant is ginkgo tree including 22 objects, followed by pines, junipers that order. And in case of broadleaf tree, there are zelkova trees, retusa fringe trees, pagoda trees, cork oaks, silver magnolias and etc. There are many of reported efficacy in available natural monument plants. The efficacy of plant species on pharmaceutical like anti-cancer, anti-diabetic, anti-obesity, antioxidant activity, neuroprotective, improves cholesterol, anti-inflammatory, liver protection and anti-bacterial efficacy, on cosmetics and beauty like the inhibiting formation of skin wrinkles, whitening effect, variety of materials and the efficacy of the proposed utilization of its various papers and etc have been widely reported. Before the Nagoya Protocol enters into force, the future role of the National Research Institute for Cultural Properties Administration of Cultural Heritage should be obtain a legal right to manage the social, cultural and national natural monument with emotional value to the plant genetic resource as a natural monument efficient ways to study and preserve traditional knowledge biological resources by securing a claim to the sovereignty of the material will be ready.

Incentives for the conservation of traditional settlements: residents' perception in Ainokura and Kawagoe, Japan

This study emerged from the author(s)’ experience in conducting a survey with the residents in Ainokura Village at the Toyama Prefecture and the Kawagoe in the Saitama Prefecture, Japan. With the comprehensive legislations bound into the cultural heritage's sophisticated systems, Japan is often regarded as one of the leading countries in promoting cultural heritage protection despite the tendency for westernization and modernization influences prevalent after World War II. At present, the establishment of the Law for the Protection of Cultural Properties in Japan has increased public awareness for the conservation of the cultural heritage including tangible and intangible heritage. This research intends to look at the perceptions of the residents on the implementation of the cultural heritage conservation and incentives programme in those two traditional settlements. By using questionnaires and interviews involving the residents in the two areas, this study has employed the quantitative and qualitative approach in order to gather factual data. This research is conducted in order to address the overarching question of whether the incentive programmes that have been created for the community have been found to be suitable for the fulfilment of their aspirations and real needs.

Cultural heritage training in the US military.

Cultural competence is a vital component of many missions in today’s military. Cultural competence enables one to further a mission, save resources, and save lives. Conversely, a lack of cultural competence may bring about challenges to mission completion, requirement for more resources, waste of resources, and destruction of lives. Cultural competence involves many components. One particular component is cultural heritage awareness and protection of cultural property. This study sought to assess current understanding of cultural property protection and determine the effectiveness of a training aimed at increasing cultural property protection awareness, knowledge, and comfort within the military setting. It was hypothesized that participants would vary in their level of awareness, knowledge, and comfort of cultural property protection, and that all would show a significant improvement in knowledge scores post training. Factors such as deployment experience were examined for potential correlation with measures such as awareness. A 14 question pre-read survey was developed to assess participants’ demographics, awareness, knowledge, and comfort with cultural property protection. Awareness included value, laws, and procedures while knowledge examined “know how” such as how to bed down in a protected structure or communicate information about the structure. Comfort assessed one’s comfort with engaging in the knowledge based tasks. A 24 question post read survey was administered to assess awareness, knowledge, and comfort, and to solicit additional feedback on the manual itself. The survey utilized a 1–5 rating scale with 1 representing no awareness, knowledge, or comfort and 5 representing absolute awareness, knowledge, and comfort with different aspects of cultural property protection. Cultural property protection value was highest pre and post training while knowledge regarding recovery of property was rated lowest pre and post training. Results are encouraging for the pursuit of cultural property education. Further studies should include knowledge assessment versus self rating as well as tracking of incidents and outcomes in the field. Implications for mission readiness and success are discussed.

The (Legal) Culture of Cultural Property

The paper contains the Summary Report presented by the author at the end of the Conference on "The Globalization of the Protection of Cultural Heritage. The 1970 Convention: New Challenges" held in Mexico City, on 21-23 March 2013. Unfolding a common thread among the many contributions to the conference, the Report examines how the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property has up to now dealt with the pluralism underlying both the notion and the law of cultural property. To this purpose, the Report emphasizes that the notion of cultural property is crisscrossed by the multiplicity of identities that its producers, users, and traders embody and convey into it. On a similar note, and consequently, the Report shows that cultural property law could be seen as a transnational, multilayered and multi-centric body of law, consisting of layers of rules with different origins and rationales. Against this framework, the Report examines how the UNESCO Convention has not only been able to influence the mainstream national and international legal and political debate over cultural property protection, but has also successfully penetrated the legal layers where official law usually does not have a say, providing a new narrative, model and vocabulary for the public and scholarly discourse about heritage protection.

Analysis of current two-way evacuation routes based on residents׳ perceptions in a historic preservation area

Historic preservation areas are extremely vulnerable to disasters because many persons in need of aids live in the many wooden houses standing close together. It is also difficult to widen narrow streets to prevent disasters. Therefore, securing two-way evacuation routes is very important for people living in such areas. Considering these circumstances, this study aims to discover how to secure two-way evacuation routes for a historic preservation area. The study area is Hamashozu Machi Hamakanaya Machi, located in Kashia City, Saga Prefecture, and supported under the Cultural Properties Protection Law, Japan. First, some preliminary meetings were held with a member of a self-imposed disaster prevention organization in this area to find primary evacuation places, and an interview survey was given to the residents to ascertain available emergency routes from each house to a temporary safe place. Second, the possibility of securing two-way evacuation routes under the present conditions of the study area was analyzed and estimated, using the results from calculating the evacuation time. The results of the analysis are as follows: (1) normal persons can reach a primary evacuation place within the target evacuation time, and (2) it would be especially difficult for persons in need of aids to reach a primary evacuation place. Some spatial problems in the study area were also discovered. We analyzed evacuation time by comparing the first evacuation route with other evacuation routes in order to discern the fundamental problems with two-way evacuation routes in this historic preservation area.

Protection of Cultural Property

Protection of Cultural Property

Investigation Repot on Lightning Outages and Lightning Protection of the Important Cultural Property

Investigation Repot on Lightning Outages and Lightning Protection of the Important Cultural Property

伝統的建造物群保存地区制度成立に至る議論から見た集落の保存概念

This paper aims to clarify preservation concepts of villages in the policy establishing process of preservation districts for groups of traditional buildings (hereinafter the Denken policy). The following three points were clarified. 1. The discussion about the relation among a preserved building, its regional bond and its surrounding environment developed the following new three policies in the law for the Protection of Cultural Properties in 1975. 1) enablement to designate the building site and its relating properties ( Clause 1, Article 2 ), 2) environmental conservation (Clause 1, Article 45) and 3) preservation districts for groups of traditional buildings (Clause 6, Article 2 and Article 142) 2. Ahead of the Denken policy, villages were preserved as historic sites by so called a freeze-preservation method; nevertheless, there were research theories and flexible conservation concepts to deal with "living" historic sites as whole historic living environments. 3. In the early period of the policy establishing process of the Denken policy, there were preservation concepts to define a historic living environment as a whole and preserve a special exterior district as part of it.

No Longer Lost in the Wilderness:

No Longer Lost in the Wilderness:

Inactive, Reactive, or Pro-Active?

ABSTRACT The ever-increasing problem of cultural heritage destruction in the eastern Mediterranean is the topic for this Forum. With the rapid spread of armed conflict and civil uprising throughout the Middle East and North Africa, the protection of cultural property takes a backseat to more pressing concerns about the destruction of lives and economic resources. In this article and the responses that follow, the complexities of preserving the past in the context of a volatile present are explored.

Syrian Cultural Property in the Crossfire:

Syrian Cultural Property in the Crossfire:

영양 서석지원(瑞石池園)의 경관요소를 통한 외원 규모 추정 및 프랙탈 구조(Fractal Structure)

지금까지 별서정원과 관련된 연구들은 고문서 및 현장조사를 통한 통시적인 접근을 많이 해왔다. 전통조경공간의 상징성, 입지 특성 등 그 공간에 내재된 특성에 초점을 둔 연구들이 많았다. 하지만, 입지 특성 중 내원, 외원, 영향권에 대한 특성은 많았으나, 외원 규모에 대한 정량적 연구는 미진하였다. 사생활권역인 내원과 달리 공동생활권역으로서의 역할인 외원에 대하여 정량적인 분석을 하기 위해 서석지원를 대상으로 실시하였다. 서석지원를 대상으로 기존 문헌들과 GIS 프로그램을 통해 가시권 분석을 실시하였으며, 외원 규모를 추정하였다. 선행연구와 일부 차이가 있었지만, 부용봉과 입암 중심으로 확인해본 결과, 거의 유사한 면적으로 나타났다. 또한, 추정된 외원 규모를 통해 서석지원의 다양한 상징성에 대한 프랙탈 차원을 분석해본 결과, 주요 경관요소에서 프랙탈 차원이 상대적으로 집중화되는 경향을 알 수 있었다. 특히, 주요 경관요소는 청기천을 제외하고, 일반 자연경관(논, 밭 등)에 비해 상대적으로 높은 수치 및 넓은 범위의 프랙탈 차원을 가지고 있었다. 이를 통해 외원규모가 그동안 별서정원의 형태 중 내원에 대한 문화재 보호에서 벗어나, 외원에 대한 문화재 보호수단을 위한 기초자료로 활용될 수 있을 것으로 기대한다. 또한, 이번 연구가 경관분석 요소 중 하나로서 프랙탈 구조 개념을 도입하여 주요 경관요소에 대한 시각적 복잡성에 대해 고려하였지만, 각 경관요소에 대하여 시문학과 더불어 좀 더 융합적인 사고의 결과물에 대한 연구가 필요할 것으로 기대한다. The studies of Korean traditional gardens have been a lot of diachronic approaches through ancient documents and on-site investigation. Previous research has focused on the characteristics that are inherent symbolism of the traditional landscape space, such as site characteristics. There are many studies for inner gardens, outer gardens and other influential ranges of gardens of the location characteristics. However, studies on the scale of external gardens were not satisfactory from a quantitative perspective. Unlike private life sphere, quantitative analysis was conducted on the role of a sphere of public community life for outer gardens. Visibility analysis was performed through the existing literature and GIS programs to estimate the magnitude of the outer garden. When it was compared with Min G. H.(1982) research, it is almost the same if it is estimated to focus on Buyoung -bong(芙蓉峯) and Ip-am(立巖). Also, as a result of the fractal structure for a variety of symbols in the garden, fractal dimension in landscape elements is relatively concentrated, unlike in other areas. Thus, the external scale can be a means of cultural property protection out of the crucial perspective for the inner garden. There has been consideration of the cooperation with the visual complexity using the concept of fractal structure as one of the elements of landscape analysis.

International Law and the Protection of Cultural Property in the Event of Armed Conflict: Actual Problems and Challenges

Cultural property may be under serious threat in the event of armed conflict. In the twentieth century, there were clear developments in international law aimed at preventing and punishing war crimes against cultural property. Despite this, the destruction of cultural property during armed conflict has continued. This article questions whether the existing international law standards with regard to the protection of cultural property during armed conflict are satisfactory, and whether or not a new instrument could be valuable. Although considerable shortcomings remain, instead of pleading for a new instrument, this article advocates raising ratification rates, the enhancement of the implementation of existing instruments, and monitoring and sanctioning mechanisms.

Addressing the microbiological problems of cultural property and archive documents after earthquake and tsunami

An International Symposium on the Conservation and Restoration of Cultural Property with a focus on microbial biodeterioration of cultural property was held in Tokyo, Japan on December 5–7, 2012. In addition to microbial deterioration of stone, paper and wood, available technologies and innovations in removal and protection of cultural property, monitoring fungal contamination and classification of the contamination level, this symposium showed results dealing with cultural property after earthquake and tsunami as the key issues affecting the artifacts and cultural property highlighted at this symposium. Interestingly, it was found that salt in water can control the growth of molds and fungi on documents and less growth was observed when salinity was higher. This has a greater implication when dealing with large amounts of documents after natural disaster. The papers derived from invited speakers and also posters are being published in a dedicated volume of book available to research scientists, conservationists, applied biologists and graduate students working on related subjects.

UNESCO, Palestine and Archaeology in Conflict

On 23 November 2011, Palestine became a member of the United Nations Educational, Scientific and Cultural Organization (“UNESCO”), and acceded to and ratified a number of UNESCO’s Conventions. Some observers view this membership as decisive, or at least significantly dispositive, in the debate on the international recognition of Palestinian statehood. UNESCO is characterized as a springboard by which Palestine can further recognition of its international sovereignty, which, at the present time, is inexorably stalled. However, this recognition is not without challenge – for example, the Prosecutor of the International Criminal Court has not recognized Palestine’s acceptance of the Court’s jurisdiction. UNESCO has, in turn, descended into a budgetary crisis with the withdrawal of funding from the U.S. and other states, which represent twenty-two percent of its budget. In February 2012, UNESCO responded to this crisis with a plan to “re-engineer” the organization, implicitly confirming that it will not allow any revocation of the Palestinian membership vote, despite a campaign to “un-admit” Palestine. This paper analyzes the legal consequences of Palestine’s membership in UNESCO and its ratification of UNESCO conventions through an examination of the protections afforded by the UNESCO treaty framework governing cultural, amongst other forms of, heritage. This is particularly relevant as Palestine’s application for UNESCO membership took place in the context of what are termed the Palestinian U.N. initiatives, intended to further Palestine’s status and activate its rights as a state in the international legal order. The initiatives manifested in a resolution adopted by the U.N. General Assembly on 29 November 2012 “upgrading” Palestine’s observer status.For more than a century, Palestinian cultural heritage and property has been the subject of capture and destruction by other states. Palestine’s accession to various UNESCO conventions testifies to the effect that no other sovereign controls its cultural heritage and property. Palestinians have habitually asserted internationally-recognized principles as a point of departure in “final status” negotiations on what is termed the “archaeology file,” yet have been unable to maintain complete control of such property. Ahmad A. Rjoob of the Palestinian Ministry of Tourism and Antiquities describes Palestinian cultural heritage as “one of the most intensively abused, excavated and subsequently disturbed worldwide,” a result of more than a century of management from different administrations, each with its own methods of research and distinct political purpose. “The Palestinian Ministry of Tourism and Antiquities and Israeli sources estimate that between 1967 and 1992 about 200,000 artifacts were removed from the occupied Palestinian territory annually,” with approximately 120,000 removed each year since 1995. This hemorrhaging of Palestinian cultural property is occurring in a context where archaeology has been used by Israel “as a pretext to gain territorial control” and exercise sovereign rights “over Palestinian lands [in order] to further its settlement enterprise” and exploit natural resources.Section II traces the history of archaeological laws and practices in Palestine, from the Ottoman era to contemporary Israeli military orders. Section III examines the rules governing the protection of cultural property during military occupation under the aegis of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and the consequences of future Palestinian ratification of the Convention and its 1999 Second Protocol. Section IV tracks the illicit trade in antiquities from Palestine, and the potential effects that ratification of two instruments would have on regulation and restitution – particularly, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, and 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. Section V focuses on the underwater cultural heritage off the coast of Gaza and the maritime zones of legal control granted by the 2001 Convention on the Protection of the Underwater Cultural Heritage, the first international treaty that Palestine has ratified. Finally, Section VI assesses the consequences of UNESCO membership, including whether membership of a U.N. agency means that Palestine can ratify instruments outside of UNESCO’s competence.

PROTECTION OF CULTURAL HERITAGE IN URBAN AREAS DURING PEACE AND CONFLICT TIMES FROM THREATS TO RISK PREPAREDNESS AS A SHARED RESPONSIBILITY

Abstract. In times of economic hardship, the support given by specialized civil society organisations to public institutions in the protection of cultural heritage has often proved very useful, and there is evidence that their contribution is essential in times of conflicts and natural disasters, if well-designed plans and measures are organized efficiently, thoroughly tested and properly implemented. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (HC), its two Protocols and other international juridical instruments address these situations since decades, however, they remained widely not-applied in absence of proper regulatory instruments. In 2004, the Second Protocol of the Hague Convention (1999HP) entered into force and the Committee of the State Parties was formed. It became clear that a new trend started when, in 2009, draft Guidelines for the implementation of the 1999HP were issued. Meanwhile, WATCH, in partnership with the Council of the United Municipalitities of Jbail (Lebanon) and the Head of the Municipality of Mtskheta (Georgia) prepared a project proposal aimed to set a precedent in the governance of urban sites that are registered in the World Heritage List which are at risk of armed conflict. The project War Free World Heritage Listed Cities http://www.warfreeheritage.net/ was co-financed in 2010 with a grant within the framework of the EC CIUDAD programme and it is currently at an advanced level of implementation. This presentation will focus on achievements and contingencies faced during implementation as well as lessons learned that could be surely useful for pers pective applicants.

‘Culture for development’ and the UNESCO policy on the protection of cultural property during armed conflict

UNESCO increasingly points to the value of culture for sustainable development. However, if we review UNESCO policies on the protection of cultural property in the event of armed conflict, developing countries do not seem to find access or implement them. Consequently, this paper analyses UNESCO initiatives related to the protection of cultural property in the event of armed conflict from a developmental perspective and explores whether they are adequate and inclusive for developing countries. Data for this paper were gathered from document analyses and additional expert interviews obtained via email questionnaires. The paper finds that UNESCO tends to be willing to improve the situation. However, the ratification rates of the relevant UNESCO Conventions in developing countries remain low, the implementation of these instruments is almost non-existent and the commitment to UNESCO protection policies is insufficient. This is mainly due to a lack of awareness and to the fact that the initiative has to come from the state concerned; the possibilities for international cooperation are still quite limited.