The approach adopted by UNESCO in the evaluation of the Outstanding Universal Value of cultural heritage sites has changed throughout the years. In this perspective, we should wonder which are the tools of Global Administrative Law and how they are used by UNESCO while selecting cultural heritage sites. Is the use of these instruments and decisions forged and manipulated according to ordinary situations and situations of contestation for the exercise of sovereign powers? Is the element of contestation of a religious site playing a determinant role in the decision-making process undertaken by National Governments and then completed by UNESCO? In particular, the analysis will consider three main cases of contestation of religious heritage sites: the Case of Palestine, the Case of Kosovo and the Case of Cambodia are good tools to assess the use of these powers and instruments.
The COVID-19 pandemic has shown how countries are increasingly interdependent and vulnerable to global challenges. At the same time, this health crisis has revealed the weakness of the current structuring of international organizations in tackling global issues. In facing the current global challenges posed by the pandemic, has the international community been strengthening? Alternatively, has the sovereignty of single States been empowered?The global regulatory regime concerning the doctrine of the Responsibility to protect (R2P) can be a good case to challenge, both the State Sovereignty and the International Community in addressing the current global challenges. This contribution wants to explore the evolution of this doctrine in relation to the protection of cultural heritage from intentional destruction.
In light of Italy's recent ratification of the Faro Convention, this contribution will try to give shape and direction to the impact of the emerging innovations on the intangible cultural heritage sector. In particular, it will channel the broad scope of the concepts proposed at an international level into the narrower field of the Italian domestic legislation, still strongly marked by a greater emphasis on tangible forms of culture. The case of the ecomuseum, as a model of territorial enhancement fostered by the active participation of individuals, groups and associations driven by a bottom-up approach in cultural management, will precisely serve to frame the participatory mechanisms provided for in the Convention.
The integration of cultural considerations in European Union’s policies has always been a controversial topic, because of the need to reconcile the promotion of culture with other EU primary aims, such as the creation of a common market and the need to safeguard the competition: this is the reason why the idea of cultural exception has been developed. This contribution aims at analyzing the new approach which characterizes the Temporary Framework adopted by the European Commission in March 2020, paying particular attention to the funding of cultural industries and focusing especially on the audiovisual sector, in an attempt to understand on the one hand how this temporary measure combines itself with the other EU provisions on state aid, on the other hand whether it is possible to consider it a step towards a new way of balancing cultural and economic considerations.