Università Roma Tre

COURSE LEARNING OBJECTIVES
TO PROVIDE STUDENTS WITH THE NECESSARY MEANS TO DEVELOP A KNOWLEDGE BASE AND
EVALUATIVE UNDERSTANDING OF THE FOLLOWING MATTERS:
FOUNDATIONAL PRINCIPLES, AND KEY INTERNATIONAL PRIMARY LEGAL SOURCES, RELATING TO THE
PROTECTION OF CULTURAL HERITAGE;
RELATIONSHIP BETWEEN THE INTERNATIONAL TRADE REGIME AND THE PROTECTION OF CULTURAL
HERITAGE;
INTERACTION BETWEEN CONCEPTS OF CULTURE, CULTURAL HERITAGE AND INTELLECTUAL PROPERTY
LAW;
ISSUES IN NATIONAL IMPLEMENTATION OF CULTURAL HERITAGE OBLIGATIONS;
THEORETICAL DEBATES IN RELATION THE CONNECTION BETWEEN PERSONHOOD, PROPERTY, CULTURE
AND CULTURAL HERITAGE.
TO DEVELOP TOOLS THAT WILL PERMIT STUDENTS TO IDENTIFY RELEVANT ISSUES OF INTERNATIONAL
AND COMPARATIVE LAW AND TO BEGIN ANALYSING AND RESEARCHING THEM.
TO DEVELOP CRITICAL SKILLS IN ANALYZING THE RELATIONSHIP BETWEEN THEORETICAL DEBATES
AND APPROACHES TO LEGAL REGULATION AT THE INTERNATIONAL AND NATIONAL LEVEL.
COURSE CONTENT
THIS COURSE WILL CONSIDER THE CONTESTED NATURE OF THE CONCEPT OF CULTURAL HERITAGE,
FOCUSSING ON BOTH TANGIBLE AND INTANGIBLE FORMS OF HERITAGE, AND ITS RELATIONSHIP TO
CONCEPTS OF CULTURAL PROPERTY. ITS ASSESSMENT OF THE RELEVANT LEGAL REGIMES FOR THE
PROTECTION OF CULTURAL HERITAGE WILL START AT THE INTERNATIONAL LEVEL WHERE A STUDY WILL
BE MADE OF A RANGE OF UNESCO CONVENTIONS, INCLUDING THE WORLD HERITAGE CONVENTION,
THE CONVENTION FOR THE SAFEGUARDING OF INTANGIBLE CULTURAL HERITAGE AND THE
CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS.
ISSUES IN THE REGIONAL AND NATIONAL IMPLEMENTATION OF THE UNESCO CONVENTIONS
REGIME WILL BE EXPLORED. THE COURSE WILL THEN MOVE ON TO CONSIDER OTHER POSSIBLE
LEGAL STRATEGIES FOR PROTECTING CULTURAL HERITAGE, INCLUDING: NATIONAL REGULATION
OF MOVEABLE CULTURAL OBJECTS; ATTEMPTS TO USE VARIOUS FORMS OF INTELLECTUAL PROPERTY
LAW TO PROTECT SO-CALLED “TRADITIONAL” CULTURE AND KNOWLEDGE; AND PROPOSALS FOR SUI
GENERIS REGIMES OF CULTURAL PROPERTY PROTECTION.

THIS COURSE WILL USE A RANGE OF PRIMARY AND SECONDARY MATERIALS, INCLUDING THE FOLLOWING:
BLAKE J., “ON DEFINING CULTURAL HERITAGE” (2000) 49 INTERNATIONAL AND COMPARATIVE
LAW QUARTERLY 61-85.
COOMBE R. J., THE CULTURAL LIFE OF INTELLECTUAL PROPERTIES (DURHAM/LONDON: DUKE
UNIVERSITY PRESS, 1998).
FRIGO M., “CULTURAL PROPERTY V CULTURAL HERITAGE: A ‘BATTLE OF CONCEPTS’ IN INTERNATIONAL
LAW?” (2004) 86(854) IRRC 367.MACMILLAN F., “THE UNESCO CONVENTION AS A NEW INCENTIVE TO PROTECT CULTURAL
DIVERSITY” IN H SCHNEIDER AND P VAN DEN BOSSCHE (EDS), PROTECTION OF CULTURAL DIVERSITY
FROM A EUROPEAN AND INTERNATIONAL PERSPECTIVE (MORTSEL: INTERSENTIA, 2008).
MACMILLAN F., “HUMAN RIGHTS, CULTURAL PROPERTY AND INTELLECTUAL PROPERTY: THREE
CONCEPTS IN SEARCH OF A RELATIONSHIP” IN C GRABER AND M NENOVA (EDS), INTELLECTUAL
PROPERTY AND TRADITIONAL CULTURAL EXPRESSIONS IN A DIGITAL ENVIRONMENT (CHELTENHAM:
EDWARD ELGAR, 2008).
RADIN M. J., “PROPERTY AND PERSONHOOD” (1982) 34 STAN LR 957.
STAMATOUDI I., CULTURAL PROPERTY AND RESTITUTION (CHELTENHAM: EDWARD ELGAR,
2011).
VRDOLJAK A. F., INTERNATIONAL LAW, MUSEUMS AND THE RETURN OF CULTURAL OBJECTS
(CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2008).
YU P. K., “CULTURAL RELICS, INTELLECTUAL PROPERTY, AND INTANGIBLE HERITAGE” (2008) 81
TEMPLE LAW REVIEW 433-506.