PLURALITATEA ŞI INTERACŢIUNEA ORDINELOR LEGALE ÎN APLICAREA DREPTULUI PATRIMONIULUI CULTURAL
THE PLURALITY AND INTERACTION OF LEGAL ORDERS IN THE APPLICATION OF THE CULTURAL HERITAGE LAW

Summary/Abstract: The idea of cultural heritage as an “international public good” can be traced in the Preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which „…damage to cultural property belonging to any people means any damage to the cultural heritage of human beings, because every people contributes to the culture of the world „. But how can this idea of cultural heritage be reconciled as a global public good with the infinite variety of cultural expression and the role of art as a dedicated environment essential to shape the plurality and diversity of tastes, beliefs and inclinations of the different societies in which it is produced? In this study we will try to address this issue, focusing first on the increasing complexity of the epistemological assessment of art and heritage in relation to law and then on the new ways in which different legal regimes interact with each other at different levels of regulation and protection of cultural property. The author examines this interaction from three different perspectives: 1) the plurality of different meanings of cultural property and cultural heritage, 2) the plurality and interaction between different legal protection regimes and 3) the plurality and interaction between different mechanisms of cultural heritage law international and domestic. Our analysis clearly suggests that international organizations play a catalytic role in international cultural protection, with UNESCO leading the way. UNESCO is a central mechanism for processing international protection standards and appears to be the main forum for monitoring states' compliance with international protection standards. However, an issue that certainly deserves further investigation is whether UNESCO can be effectively effective in the absence of ratification mechanisms on cultural protection. Our approach and methodology involves a detailed analysis of concepts, a review of historical developments in international law on the protection of cultural heritage, a review of the activities of international organizations, and a description of the existing legal framework. The results of our study suggest that the issue of cultural heritage protection is multidimensional and involves not only states, but also individuals who have rights and obligations regarding the protection of cultural heritage. In addition, our results clearly imply that there is still room for improvement in the ever-evolving international law towards the creation of a more satisfactory framework for the protection of cultural heritage.

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