INTERNATIONAL AND EUROPEAN LEGISLATION FOR CULTURAL GOODS

The course deals with the more significant legal issues concerning the protection of cultural heritage, in time of peace and in time of conflict, both at the international and at the EU level. Special attention is paid to the following topics: protection, valorization, circulation and restitution of cultural property; safeguard and promotion of the intangible cultural heritage and cultural diversity; promotion and valorization of cultural activities; European cultural policy.

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In a subject whose discipline knows an ever-increasing internalization, and - as far as it specifically concerns circulation, export and, now, also the import of cultural mobile goods – it knows also a significant process of “communitarization”, the purpose of the Course is not to train experts in laws of "other" legal systems, but to train professionals to make them able to know how to use a set of essential elements of European and International law in order to navigate a system of sources that is being made increasingly complex, guided also by the awareness of the growing inter-relationship between different legal systems (national, European, international) that involves/interests also cultural heritage law.

Pre-requirements are not set for attending this course.Nevertheless, in consideration to the fact that some students may not have knowledge about the italian legislation concerning cultural goods, a specific unit in the manual is dedicated to such topic (U.D. 6, , Il sistema italiano di salvaguardia del patrimonio culturale).

Part I. Cultural property and cultural heritage. Sources of international law in the field of cultural property: treaties; the debate concerning the existence of customary rules. International actors and the role of individuals (and of the International Non-Governmental Organizations - INGO).
Protection and valorization of the cultural property (immovable and movable), in time of peace end in the event of conflict. The safeguarding of the intangible cultural heritage and the respect and promotion of the cultural diversity. The Faro Convention.
Part II. Circulation and restitution of movable cultural property, during conflicts and in time of peace. Inter-State restitution and private international law rules.
European Union Law: the exportation of cultural property to third countries; circulation of cultural property within the EU and the return of cultural objects unlawfully removed from the territory of a Member State. The cultural policy of the EU in the light of the Lisbon Treaty.





Part I. Cultural property and cultural heritage. Sources of international law in the field of cultural property: treaties; the debate concerning the existance of customary rules. International actors and the role of individuals (and of the INGO).
Protection and valorization of the cultural property (immovable and movable), in time of peace end in the event of conflict. The safeguarding of the intangible cultural heritage and the respect and promotion of the cultural diversity. the Faro Convention.
Part II. Circulation and restitution of movable cultural property, during conflict and in time of peace. Inter-State restitution and private international law rules.
Part III. European Union Law: the exportation of cultural property to third countries; circulation of cultural property within the EU and the return of cultural objects unlawfully removed from the territory of a Member State. The cultural policy of the EU in the light of the Lisbon Treaty.

The final exam will be in oral form. At the conclusion of the first part of the Course (Protection and Safeguard) it will also be possible for those students who wish to undergo a written test. A positive grade of this test will be in any case taken into account later, but students who hold this largely positive result may focus only in the remaining part of the Course’s subject to be evaluated at the next oral exam. The next oral exam should be taken in the winter session.

Lectures; some workshops on specific topics would be available.

Italian

During the Course reference will be done, in relation to the issue of identity and cultural diversity, to the central topic of cultural sustainability.

oral

This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development