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This volume offers a comprehensive, interdisciplinary analysis of the evolving frameworks for protecting cultural property, with a particular focus on the development of dispute resolution mechanisms at both national and international levels. Despite longstanding legal and institutional safeguards, cultural property continues to face serious threats from both persistent and emerging challenges, including illicit trafficking, looting, unauthorized excavations, cultural cleansing, and destruction caused by international and non-international armed conflicts. The growing influence of non-state armed groups and terrorist organizations further exacerbates these risks. In addition, the volume addresses new and compounding threats such as climate change, natural disasters, and the use of advanced technologies to produce counterfeit artefacts highlighting the urgent need for more effective, integrated protection strategies.
Contributions from experts in law, archaeology, history, and conservation science provide a multidimensional perspective on cultural property protection. Special attention is also given to the work of commissions and restitution bodies established to address the recovery of art looted during the Second World War. The roles of administrative bodies, museums, galleries, international organizations, and both governmental and non-governmental actors are critically examined within the broader context of cultural governance. Particular attention is given to judicial and non-judicial dispute resolution mechanisms, as well as the involvement of national and international law enforcement agencies. Case studies from conflict-affected regions including Iraq, Syria, Afghanistan, and Ukraine offer insights into the practical implementation of protective measures under conditions of extreme risk. The volume also explores the application of scientific methods in detecting forged artefacts and their evidentiary value in legal proceedings. It further explores how analytical techniques applied in the study of historical materials support the restoration and conservation of cultural property, including the identification of appropriate soils, fabrics, and other materials necessary for accurate reconstruction.
This work serves as an essential resource for a wide audience, including students, academics, legal professionals, law enforcement officials, policymakers, representatives of international organizations such as UNESCO, INTERPOL, UNIDROIT, ICOMOS, and ICOM, as well as museums and governmental bodies, all of whom are engaged in the protection and preservation of cultural property across diverse contexts, whether in times of peace or armed conflict.
List of contents
Introduction.- Part I: Protection of Cultural Property in National Laws and International Conventions.- An Examination of the Preservation of Submerged Archaeological Sites: Legal Frameworks, Archaeological Research Methodologies, and the Site Management Strategies.- Cultural Property in Private International Law: An Overall Assessment.- Part II: Protecting Cultural Heritage through Intellectual Property Mechanisms.- Cultural Assets in Terms of Copyright Law with Special Reference to the Right of First Publication for Archaeological Excavation Findings.- Part III: Protection of Cultural Property through Administrative and Criminal Law.- The Administrative Structure Regarding the Conservation of Cultural Assets in Türkiye.- A General Overview of Crimes Regulated In the Law No. 2863 on the Conservation of Cultural and Natural Property.- Part IV: Protection of Cultural Property under WTO Framework.- Trade Measures Taken for the Protection of National Treasures of Artistic, Historic or Archaeological Value Under Article XX(F) of the GATT 1994.- Part V: Special Mechanisms for the Restitution of Nazi-Looted Cultural Property.- UK Spoliation Advisory Panel.- Commissions for the Restitution of Cultural Property Looted During World War II in the Light of the French CIVS.- Part VI: Techniques for Provenance Research, Detecting Fakes, and Combating Forgeries in Cultural Property.- Nuclear and Analytical Analysis Techniques that Primarily Used to Characterization of Ancient and Historical Materials.- Part VII: Protecting Cultural Property from Climate Change and Natural Disasters.- Global Climate Change and Challenges that They Present For the Cultural Heritage with Particular Reference to Türkiye.- Devastating Earthquakes Strike 11 Cities in Türkiye and Endangering the Nation s Rich Cultural Heritage.- Part VIII: Lessons in Cultural Protection: Insights from Turkey and Slovenia A Contrast of Scale and Heritage.- Report the Comparison of Turkish and Slovenian Laws on Cultural Property: International Treaties, Administrative Structures, and Dispute Resolution Mechanisms.
About the author
Professor Nuray Ekşi, Senior Professor of Private International Law, Marmara University Faculty of Law, Istanbul, Türkiye
Professor Tadeja Jere Jakulin, Vice-Dean and Head of the Department of Cultural Tourism, University of Primorska, Faculty of Tourism Studies–Turistica, Portorož, Piran, Slovenia
Associate Professor Gonca Dardeniz, Istanbul University, Protohistory and Near Eastern Archaeology, Istanbul, Türkiye
Professor Ottavio Quirico, Research Fellow, European University Institute, Florence, Italy
Summary
This volume offers a comprehensive, interdisciplinary analysis of the evolving frameworks for protecting cultural property, with a particular focus on the development of dispute resolution mechanisms at both national and international levels. Despite longstanding legal and institutional safeguards, cultural property continues to face serious threats from both persistent and emerging challenges, including illicit trafficking, looting, unauthorized excavations, cultural cleansing, and destruction caused by international and non-international armed conflicts. The growing influence of non-state armed groups and terrorist organizations further exacerbates these risks. In addition, the volume addresses new and compounding threats such as climate change, natural disasters, and the use of advanced technologies to produce counterfeit artefacts highlighting the urgent need for more effective, integrated protection strategies.
Contributions from experts in law, archaeology, history, and conservation science provide a multidimensional perspective on cultural property protection. Special attention is also given to the work of commissions and restitution bodies established to address the recovery of art looted during the Second World War. The roles of administrative bodies, museums, galleries, international organizations, and both governmental and non-governmental actors are critically examined within the broader context of cultural governance. Particular attention is given to judicial and non-judicial dispute resolution mechanisms, as well as the involvement of national and international law enforcement agencies. Case studies from conflict-affected regions including Iraq, Syria, Afghanistan, and Ukraine offer insights into the practical implementation of protective measures under conditions of extreme risk. The volume also explores the application of scientific methods in detecting forged artefacts and their evidentiary value in legal proceedings. It further explores how analytical techniques applied in the study of historical materials support the restoration and conservation of cultural property, including the identification of appropriate soils, fabrics, and other materials necessary for accurate reconstruction.
This work serves as an essential resource for a wide audience, including students, academics, legal professionals, law enforcement officials, policymakers, representatives of international organizations such as UNESCO, INTERPOL, UNIDROIT, ICOMOS, and ICOM, as well as museums and governmental bodies, all of whom are engaged in the protection and preservation of cultural property across diverse contexts, whether in times of peace or armed conflict.
