Reference:
Gibadullin T.D..
Features of the conventional protection of cultural heritage at the level of the Council of Europe
// International Law. – 2022. – № 4.
– P. 23-41.
DOI: 10.25136/2644-5514.2022.4.37243.
DOI: 10.25136/2644-5514.2022.4.37243
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Abstract: The aim of the work is to identify and disclose the distinctive features of the regulation of the protection of cultural heritage in accordance with the main conventions of the Council of Europe in this area, which are the subject of the study. The methodological basis of the article is the methods of deduction, induction, analysis, synthesis, formal-logical, descriptive, system-structural, historical, comparative, formal-legal methods. The paper identifies problems related to the protection of cultural heritage that exist on a global scale and at the level of Russia, describes the efforts of the international community to solve such problems. The definition of cultural heritage is given. The list of all international treaties adopted under the auspices of the Council of Europe, which in one way or another affect the issues of cultural heritage, is given, the greatest importance of five of these conventions is argued. The features of the conventional protection of cultural heritage at the level of this international organization, highlighted on the basis of the study of these international treaties, are considered. The author points out such features as paying special attention to human rights; attaching great importance to the participation of civil society and the public in activities related to cultural heritage; the frequent absence of its explicit division into tangible and intangible heritage, etc. Taking into account the highlighted characteristic features of the States parties to the most significant international treaties mentioned above can contribute to improving the effectiveness of their application of these conventions - not only individually, but also in a complex. This also applies to Russia. The author identifies areas related to the features of the convention protection of cultural heritage at the level of the Council of Europe, on which it may be advisable for Russia to intensify its activities. The scientific novelty of the article is determined by the above-mentioned conclusions and recommendations of the author. It is also expressed in the disclosure of some of the above-mentioned features of the regime of the main conventions of the Council of Europe in the field of protection of cultural heritage, for example, paying special attention to human rights.
Keywords: civil society, human rights, protection of cultural heritage, common heritage of Europe, European heritage, cultural property, cultural heritage, Council of Europe, integrated conservation, sustainable development
References:
European Convention on Offences relating to Cultural Property, June 23, 1985, E.T.S. No. 119.
European Convention on Cinematographic Co-production, Oct. 2, 1992, E.T.S. No. 147.
European Convention on the Protection of the Archaeological Heritage, May 6, 1969, E.T.S. No. 066.
European Convention on the Protection of the Archaeological Heritage (Revised), Jan. 16, 1992, E.T.S. No. 143.
European Convention for the Protection of the Audiovisual Heritage, Nov. 8, 2001, E.T.S. No. 183.
European Cultural Convention, Dec. 19, 1954, 1 Бюллетень международных договоров (2000).
European Charter for Regional or Minority Languages, Nov. 5, 1992, E.T.S. No. 148.
Convention for the Protection of Cultural Property in the Event of Armed Conflict, May 14, 1954, XIX Сборник действующих договоров, соглашений и конвенций, заключенных СССР с иностранными государствами 114 (1960).
Convention for the Protection of the Architectural Heritage of Europe, Oct. 3, 1985, E.T.S. No. 121.
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