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Disaster Risk Reduction and International Cultural Heritage Law: Moving Toward Cross-Fertilization

Published online by Cambridge University Press:  31 December 2019

Giulio Bartolini
Giulio Bartolini*
Affiliation:
Roma Tre University Department of Law.
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Extract

As the purpose of this panel is to explore the critical need for embedding international legal instruments within paradigms provided by disaster risk reduction (DRR), the area of international cultural heritage law could be a significant test-case in this regard. First, as experienced by several other branches of international law, it is possible to recognize an increasing attention paid by relevant specialized institutions, in this case the UN Educational, Scientific and Cultural Organization (UNESCO), to challenges posed by DRR, and finally permitting to: (1) integrate DRR concerns in the institutional and lawmaking agenda of this international organization, in order to inform and guide activities to be carried out by member states who face threats posed by disasters against their cultural heritage; and (2) provide an evolutionary and contextual interpretation of the existing commitments in this area in light of DRR paradigms. Second, a cross-fertilization phenomenon could also be recognized, as for the emerging recognition of cultural concerns in the same DRR system, through a process which has subsequently permitted UNESCO to additionally foster action in this area.

Type
The Critical Contribution of Law Toward Global Efforts to Mitigate Disaster Risk
Information
Proceedings of the ASIL Annual Meeting , Volume 113 , 2019 , pp. 128 - 131
Copyright
Copyright © 2019 by The American Society of International Law

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References

1 World Heritage Committee, Decision 31 COM 7.2 (2007), at https://whc.unesco.org/en/decisions/1262.

2 For the Strategy, see WHC-07/31.COM/7.2, available at https://whc.unesco.org/archive/2007/whc07-31com-72e.pdf.

3 Id. at 5.

4 Id. at 3.

5 Sendai Framework for Disaster Risk Reduction 2015–2030, para. 16, available at https://www.unisdr.org/files/43291_sendaiframeworkfordrren.pdf.

6 Id., para. 24(d).

7 UNESCO General Conference, 38 C/Resolution 48 (2015), at https://unesdoc.unesco.org/ark:/48223/pf0000243325. For the Strategy, see UNESCO General Conference, 38 C/49 (2015), at https://unesdoc.unesco.org/ark:/48223/pf0000235186.

8 See UNESCO General Conference 39 C/Resolution 35 (2017), at https://unesdoc.unesco.org/ark:/48223/pf0000260889.

9 For the Addendum, see UNESCO General Conference 39 C/57, Annex I (2017), at https://unesdoc.unesco.org/ark:/48223/pf0000259805.

10 See id. at 3.

11 On this issue, see Giulio Bartolini, Disaster Risk Reduction and Cultural Heritage, in The Cambridge Handbook of Disaster Risk Reduction and International Law, at 422–42, 437–40 (Katja Samuel, Marie Aronsson-Storrier & Kirsten Bookmiller eds., 2019).