Cultural Heritage in International Law: (Still) Looking for a Definition? The Taxonomy of Cultural Heritage Across the Spectrum of UNESCO Conventions and Beyond

Abstract

The growing interest in the protection of cultural heritage has stimulated the production of a multifaceted body of law that includes several conventions, protocols, charters and declarations, promoted by UNESCO and other international Organizations. Each multilateral treaty that forms part of this corpus juris culturalis describes some elements, often listed by categories, as being part of its scope. Each text refers to different elements that vary depending on their nature (movable/immovable, tangible/intangible), location (on land or underwater) and context (peace/wartime); it defines the term ‘cultural heritage’ or similar terms for its own purposes. Hence, from a normative approach it is hard to find a general definition of what forms part of the internationally protected cultural heritage. The definition is multifaceted and somewhat fragmented, besides it is interrelated to that of cultural property. This paper argues that, despite the ‘fragmentation’ in the definition of cultural heritage, a set of general principles, that are acknowledged by all States independently from their consent to be bound under specific treaty provisions, can be identified. These principles underpinning the corpus juris culturalis can assist in enforcing cultural heritage protectionist rules and in enhancing the return of lost and looted artworks.