International Legal Protection of Cultural Heritage: Terminological Problems and Periodization of its Development

The scientific paper is devoted to the study of issues of terminology in the field of international legal protection of cultural heritage and the periodization of the development of this protection. The author traces the history of the enshrinement of the concepts of «cultural heritage» and «cultural property» in international law. These terms are highlighted by the author as the most commonly used general concepts for designating objects of protection in international legal acts in the sphere of protection of architectural monuments, works of fine art, archaeological finds, customs, forms of expression and representation, etc. Attention is drawn to the synonymy of the two mentioned terms in practice, as well as when they are used in international legal acts. At the same time, they are distinguished from a theoretical point of view. In this regard, the reasons for the transition in international law from the term «cultural values» to the concept of «cultural heritage» are explained. The definition of cultural heritage is formulated from the point of view of international law. The periodization of the development of international legal protection of these objects and manifestations is being carried out, which is made possible, among other things, by the aforementioned changes in the terminology used. There are two broad stages in the development of this protection: from 1874 to 1954 and from 1954 to the present day. The second stage is further divided into two parts: from 1954 to 1972 and from 1972 to the present day.

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Publication Details

Journal
Actual Problems of Russian Law
Published
2024-10-18
DOI
https://doi.org/10.17803/1994-1471.2024.168.11.136-146
Primary Topic
Archaeological Research and Protection
Type
article
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article

International Legal Protection of Cultural Heritage: Terminological Problems and Periodization of its Development

T. D. Gibadullin
Actual Problems of Russian Law
Archaeological Research and Protection
article

International Legal Protection of Cultural Heritage: Terminological Problems and Periodization of its Development

T. D. Gibadullin
article en

Abstract

The scientific paper is devoted to the study of issues of terminology in the field of international legal protection of cultural heritage and the periodization of the development of this protection. The author traces the history of the enshrinement of the concepts of «cultural heritage» and «cultural property» in international law. These terms are highlighted by the author as the most commonly used general concepts for designating objects of protection in international legal acts in the sphere of protection of architectural monuments, works of fine art, archaeological finds, customs, forms of expression and representation, etc. Attention is drawn to the synonymy of the two mentioned terms in practice, as well as when they are used in international legal acts. At the same time, they are distinguished from a theoretical point of view. In this regard, the reasons for the transition in international law from the term «cultural values» to the concept of «cultural heritage» are explained. The definition of cultural heritage is formulated from the point of view of international law. The periodization of the development of international legal protection of these objects and manifestations is being carried out, which is made possible, among other things, by the aforementioned changes in the terminology used. There are two broad stages in the development of this protection: from 1874 to 1954 and from 1954 to the present day. The second stage is further divided into two parts: from 1954 to 1972 and from 1972 to the present day.

Actual Problems of Russian LawVol. 19(11)
Kazan Federal University (RU)
Sustainable cities and communities
Openalex Percentile: Top 70%
Archaeological Research and Protection
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