Legal Development of the Protection of Cultural Property: From the Event of Armed Conflict to the Illicit Trafficking

Abstract

Cultural property becomes one of the most important evidences which can reify the past and proclaim a cultural lineage connecting between the present generations of the society and their ancestors; hence, it is hardly surprising that the importance of cultural property is worthy to be protected. However, it is found that, before the twentieth century, the protection of cultural property had never been more recognized in legal perspective because the cultural property was not regarded by laws and only viewed as a tribute for the victor of war. Until the mid-twentieth century, the establishment of the United Nations became a turning point to play a key role in protecting the cultural property from the devastation and spoliation in a war due to an outcome of the UN Charter stipulating that the war is legally prohibited. Although the cultural property can be legally protected from the pillage in the war, the cultural property has been instead threatened with a new from of pillage known as the illicit trafficking. In this regard, this legal research mainly aims to historically discuss the dynamic force of normative change and development of the protection of cultural property in order to prove how the legal protection of cultural property has been periodically evolved from the past to present.



Author Information
Peerapon Jaderojananont, Thammasat University, Thailand

Paper Information
Conference: ACCS2016
Stream: Critical Legal Studies

This paper is part of the ACCS2016 Conference Proceedings (View)
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