eprintid: 3011
rev_number: 7
eprint_status: archive
userid: 77
dir: disk0/00/00/30/11
datestamp: 2016-01-15 10:02:01
lastmod: 2016-09-14 10:21:17
status_changed: 2016-01-15 10:02:01
type: article
metadata_visibility: show
creators_name: Casini, Lorenzo
creators_id: lorenzo.casini@imtlucca.it
title: “Italian Hours”: the globalization of cultural property law
ispublished: pub
subjects: K1
subjects: NX
divisions: EIC
full_text_status: none
abstract: Nothing in Rome helps your fancy to a more vigorous backward flight than to lounge on a sunny day over the railing which guards the great central researches. It “says” more things to you than you can repeat to see the past, the ancient world, as you stand there, bodily turned up with the spade and transformed from an immaterial, inaccessible fact of time into a matter of soils and surfaces.—Henry James, Italian Hours, “A Roman Holiday,” 1909Cultural property offers a significant yet ambiguous example of the development of global regulatory regimes beyond the State. On the one hand, traditional international law instruments do not seem to ensure an adequate level of protection for cultural heritage; securing such protection requires procedures, norms, and standards produced by global institutions, both public (such as UNESCO) and private (such as the International Council of Museums). On the other hand, a comprehensive global regulatory regime to complement the law of cultural property is still to be achieved. Instead, more regimes are being established, depending on the kind of properties and public interests at stake. Moreover, the huge cultural bias that dominates the debate about cultural property accentuates the “clash of civilizations” that already underlies the debate about global governance. The analysis of the relationship between globalization and cultural property, therefore, sheds light on broader global governance trends and helps highlight the points of weakness and strength in the adoption of administrative law techniques at the global level.
date: 2011
date_type: published
publication: International Journal of Constitutional Law
volume: 9
number: 2
publisher: Oxford University Press
pagerange: 369-393
id_number: 10.1093/icon/mor040
refereed: TRUE
issn: 1474-2640
official_url: http://icon.oxfordjournals.org/content/9/2/369.abstract
citation:   Casini, Lorenzo  “Italian Hours”: the globalization of cultural property law.  International Journal of Constitutional Law, 9 (2).  pp. 369-393.  ISSN 1474-2640      (2011)