The significance of cultural property is now widely recognized due to the extensive legal discussion that has occurred on its behalf for the past twenty to thirty years. Particular areas of interest have been: preventing theft and the illicit importing and exporting of cultural property, repatriating those who have been wrongfully deprived of their artistic treasures, and preserving the world's cultural resources. This note will primarily
be concerned with the latter topic. Specifically, it will examine the international efforts that have been made in regards to the protection and preservation of cultural property.
A look at Western history reveals that preserving historical and artistic property was seen as a public duty as early as the fifteenth century. However, most regulations did not begin to recognize it as a public duty until the middle of the nineteenth century. Specifically, such regulations began to develop in response to periods of armed conflict and were meant to provide guidance for military troops that were engaged in battle. Gradually, regulations, and then laws began to expand in scope and finally international treaties that supported the protection of cultural property in times of war and peace began to emerge. This note supports the view and argues that these international treaties are all based on the premise that preservation of cultural and natural resources is a public duty.
Although international treaties pertaining to cultural property acknowledge a public duty to protect and often express good-faith intent for doing so, these treaties are currently insufficient because they cannot be readily implemented. This inadequacy applies to both treaties that apply in times of war and those that apply in times of peace. During times of war the threat to cultural property is self-evident because destruction is a likely result of war. But, during times of peace, threats to the preservation of cultural property may not be so obvious. Important facts that should be considered are pollution, maintenance, security, restoration methods, traffic/road construction, landscapes/ vegetation, climate, tourism, and public use/misuse.
The Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention) has made efforts to encourage preservation of non-moveable cultural and natural resources at a local level, but more needs to be done in order to effectuate positive results. In other words, in order for preservation to work, international and local efforts need to collaborate. But, if local standards are not adequately effective, then there needs to be a viable alternative in order to protect cultural property that is at risk. This is when international protective assistance becomes necessary. However, recognizing the necessity of protective assistance is not enough, rather a comprehensive and executable plan needs to be developed on its behalf. In this note I examine the strengths and weaknesses of the international efforts that have been made in regards to the protection and preservation of cultural property during times of war and peace. Not only do I suggest that the existing international laws need to be improved, but I argue that until such a step is taken, cultural property throughout the world is exposed to unnecessary risks of damage and destruction.
It is a common belief that cultural property is neglected due to lack of interest or appreciation. However, the cause of neglect is usually lack of financial resources, not lack of interest. Implementing a plan of protective assistance is particularly challenging in resource rich and less developed nations, which lack financing and solid protective regimes. Due to this fact, assisting nations should not have the authority to remove cultural property from source nations, unless all parties agree that removal is in the best interests of the objects, whether temporary or permanent. This note will emphasize the need for developing an international standard of preservation and protective assistance that will be especially beneficial for such countries. In addition, although mostly immoveable property will be discussed, it is argued that an international standard of preservation should be applied to moveable objects of cultural property as well.
