International Protection of Cultural Heritage and of the Environment
A.Y. 2024/2025
Learning objectives
Sustainable development has acquired considerable relevance in the public debate, both within the countries and in the international community. Sustainable development is a multi-layered concept, and this course explores two of its aspects. The first one is environmental sustainability, which results in the adoption of national policies aimed at regulating the use of natural resources, in order to ensure their protection and prevent their impoverishment. The second aspect examined is the protection of cultural heritage. Access to the cultural heritage of a country is an important factor for social development and the enhancement of economic activities. To this end, public policies aim to preserve the social value of cultural heritage and prevent its degradation.
The course is composed of two modules. The first module covers the study of the international tools for environmental protection. In this regard, the global impact of current environmental emergencies (above all, climate change) results in the need for a strong cooperation among States. Therefore, this module provides an in-depth analysis of the contents and critical issues of international agreements and other tools aimed at restricting the room for manoeuvre available to national governments for establishing national policies on the use of natural resources. The second module is focused on international law for the protection of tangible and intangible cultural heritage. In fact, the main goal of some international organisations and agreements is the protection of cultural heritage, as well as its access and dissemination. To this end, this module aims to investigate the countries' obligations in the framework of international agreements, and the benefits of participating in such cooperation schemes. It also aims to examine whether a new notion of cultural heritage as a global public good could gain traction in the international legal system.
The course is composed of two modules. The first module covers the study of the international tools for environmental protection. In this regard, the global impact of current environmental emergencies (above all, climate change) results in the need for a strong cooperation among States. Therefore, this module provides an in-depth analysis of the contents and critical issues of international agreements and other tools aimed at restricting the room for manoeuvre available to national governments for establishing national policies on the use of natural resources. The second module is focused on international law for the protection of tangible and intangible cultural heritage. In fact, the main goal of some international organisations and agreements is the protection of cultural heritage, as well as its access and dissemination. To this end, this module aims to investigate the countries' obligations in the framework of international agreements, and the benefits of participating in such cooperation schemes. It also aims to examine whether a new notion of cultural heritage as a global public good could gain traction in the international legal system.
Expected learning outcomes
By the end of the course, students will be able to understand the importance and impact of international law on the establishment of national policies for the protection of the environment and the cultural heritage. Through the analysis of key international agreements, policies adopted by international organisations and decisions by national and international courts, students will be provided with the skills to: assess the impact of relevant agreements; understand and apply the governing law to assess real cases; present and discuss legal issues using the appropriate methodologies and terminology.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
Module 1: International Environmental Protection
A - CHARACTERISTICS AND FUNCTIONING OF INTERNATIONAL ENVIRONMENTAL LAW
1. Introduction to international environmental law
2. History and evolution of international environmental law
3. Main characteristics of international environmental law
- The fundamental notions (environment, pollution, ecosystem, climate change, etc.)
- The main subjects and actors of environmental protection
- International sources (peculiarities of this international law field)
- Implementation and compliance with environmental obligations (measures of implementation, organs and bodies, procedures and mechanisms of compliance)
- International responsibility and liability regimes for environmental damage
- Disputes settlement
4. The "progressive" principles of environmental protection
- Principle of cooperation
- Prohibition of transboundary pollution
- Sustainable development
- Intergenerational equity
- Common but differentiated responsibilities
- Principle of prevention
- Precautionary principle
- Polluter pays
- Principle of non-regression (or progression)
- Principle of resilience
- Environmental protection as a human right
B - SPECIFIC CONVENTIONAL REGIMES:
1. Protection of the atmosphere (protection against air pollution, protection of the ozone layer, fight against climate change and global warming)
2. Protection of seas, oceans and freshwaters
3. Protection of spaces, ecosystems, species (flora and fauna) and biodiversity
4. Regulation of dangerous activities and substances
Module 2: International protection of cultural heritage
A - CULTURAL HERITAGE AND INTERNATIONAL LAW: BASIC NOTIONS
1. International cultural cooperation and International Law of Culture
- Brief history of international cultural cooperation
- The existing multilateral systems of international cultural cooperation:
a) Universal system (UNESCO)
b) Regional cooperation systems (Council of Europe, EU, Nordic Council, OAS, AU, ...)
2. The international law of culture: the essential features
- The main subjects and actors
- International sources (peculiarities of this international law field)
- Implementation and compliance with international obligations regarding the protection of cultural heritage (measures of implementation, organs and bodies, procedures and mechanisms)
- International responsibility (International State responsibility and international criminal responsibility for individuals)
- Disputes settlement
3. Principles of the international cultural cooperation
4. Basic notions
- Definition of "cultural heritage"
a) "Cultural heritage" versus "cultural property"
b) A plurality of definitions
c) Analysis of the different definitions and of the definition criteria used in (national and international) legal instruments
- The notion of protection
- Cultural Heritage of Mankind: a legal principle
B - SPECIFIC CONVENTIONAL REGIMES
Introduction to the international legal framework: a brief overview. The articulations of the international system for the protection of cultural heritage:
1. Cultural heritage and armed conflicts
2. Fight against illicit traffic / Restitution and reparation / International movement of cultural property
3. Protection of the World Cultural and Natural Heritage
4. Protection of the Underwater Cultural Heritage
5. Intangible Cultural Heritage and issues relating to Cultural Diversity
6. Protection at regional level: peculiarities of regional systems
A - CHARACTERISTICS AND FUNCTIONING OF INTERNATIONAL ENVIRONMENTAL LAW
1. Introduction to international environmental law
2. History and evolution of international environmental law
3. Main characteristics of international environmental law
- The fundamental notions (environment, pollution, ecosystem, climate change, etc.)
- The main subjects and actors of environmental protection
- International sources (peculiarities of this international law field)
- Implementation and compliance with environmental obligations (measures of implementation, organs and bodies, procedures and mechanisms of compliance)
- International responsibility and liability regimes for environmental damage
- Disputes settlement
4. The "progressive" principles of environmental protection
- Principle of cooperation
- Prohibition of transboundary pollution
- Sustainable development
- Intergenerational equity
- Common but differentiated responsibilities
- Principle of prevention
- Precautionary principle
- Polluter pays
- Principle of non-regression (or progression)
- Principle of resilience
- Environmental protection as a human right
B - SPECIFIC CONVENTIONAL REGIMES:
1. Protection of the atmosphere (protection against air pollution, protection of the ozone layer, fight against climate change and global warming)
2. Protection of seas, oceans and freshwaters
3. Protection of spaces, ecosystems, species (flora and fauna) and biodiversity
4. Regulation of dangerous activities and substances
Module 2: International protection of cultural heritage
A - CULTURAL HERITAGE AND INTERNATIONAL LAW: BASIC NOTIONS
1. International cultural cooperation and International Law of Culture
- Brief history of international cultural cooperation
- The existing multilateral systems of international cultural cooperation:
a) Universal system (UNESCO)
b) Regional cooperation systems (Council of Europe, EU, Nordic Council, OAS, AU, ...)
2. The international law of culture: the essential features
- The main subjects and actors
- International sources (peculiarities of this international law field)
- Implementation and compliance with international obligations regarding the protection of cultural heritage (measures of implementation, organs and bodies, procedures and mechanisms)
- International responsibility (International State responsibility and international criminal responsibility for individuals)
- Disputes settlement
3. Principles of the international cultural cooperation
4. Basic notions
- Definition of "cultural heritage"
a) "Cultural heritage" versus "cultural property"
b) A plurality of definitions
c) Analysis of the different definitions and of the definition criteria used in (national and international) legal instruments
- The notion of protection
- Cultural Heritage of Mankind: a legal principle
B - SPECIFIC CONVENTIONAL REGIMES
Introduction to the international legal framework: a brief overview. The articulations of the international system for the protection of cultural heritage:
1. Cultural heritage and armed conflicts
2. Fight against illicit traffic / Restitution and reparation / International movement of cultural property
3. Protection of the World Cultural and Natural Heritage
4. Protection of the Underwater Cultural Heritage
5. Intangible Cultural Heritage and issues relating to Cultural Diversity
6. Protection at regional level: peculiarities of regional systems
Prerequisites for admission
Students are required to have basic knowledge of international law. Please, refer to any updated international law textbook (e.g. KLABBERS, International Law, 4th ed., CUP, 2023).
Teaching methods
Classes are focused on the analysis of international practice. The analysis of major multilateral conventions, resolutions of international organizations, judgements by national and international courts and tribunals, and of the most important cases will allow a proper understanding of the main topics of International Environmental and Cultural Heritage Law.
Lectures will be accompanied by sessions requiring the active participation of students through presentations and discussion on the main conventional regimes of environmental and cultural heritage protection.
Lectures will be accompanied by sessions requiring the active participation of students through presentations and discussion on the main conventional regimes of environmental and cultural heritage protection.
Teaching Resources
- For the International Environmental Law Module:
P.-M. DUPTY, J. E. VINUALES, International Environmental Law, 2nd ed., Cambridge UP, 2018 (=> Chapters 1, 2, 3, 4, 5, 8 and 9).
The book is accessible and can be read online, using your unimi credentials: https://unimi.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991016514829706031&context=L&vid=39UMI_INST:VU1&lang=it&search_scope=MyInst_and_CI&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Vi%C3%B1uales&offset=0
- For the International Protection of Cultural Heritage:
C. FORREST, International Law and the Protection of Cultural Heritage, Routledge, 2010.
P.-M. DUPTY, J. E. VINUALES, International Environmental Law, 2nd ed., Cambridge UP, 2018 (=> Chapters 1, 2, 3, 4, 5, 8 and 9).
The book is accessible and can be read online, using your unimi credentials: https://unimi.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991016514829706031&context=L&vid=39UMI_INST:VU1&lang=it&search_scope=MyInst_and_CI&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Vi%C3%B1uales&offset=0
- For the International Protection of Cultural Heritage:
C. FORREST, International Law and the Protection of Cultural Heritage, Routledge, 2010.
Assessment methods and Criteria
The final exam will consist in a written exam (to be carried out in the computer laboratory, via MOODLE + Seb). The purpose is to appraise students': a) knowledge and critical understanding of the topics included in the programme of the course; b) capacity of applying tools and concepts of international humanitarian law. Particular attention is given to the proper use of the legal lexicon.
Professor(s)