CULTURAL PROPERTY AND NATIONHOOD : the case of the Old Bridge Yadranka Petrovic.

CULTURAL PROPERTY AND NATIONHOOD :the case of the Old Bridge

Yadranka Petrovic

Outline

O IntroductionO Setting the contextO The Old Bridge O Summary and observations

IntroductionO Preoccupation with statehoodO Is the concept of the State withering in

international law?O The law of statehood has changed considerably

O Obsession with history and culture whilst simultaneously engaging contemporary concerns and demands

O The relationship between nationhood and the past embodied in cultural objects O The dual nature of cultural property

O The Old Bridge’s role in a nation’s building and its deconstruction and reconstruction

Setting the context

O The State-centred regulation of cultural property

O Cultural significance of an object O Importance of cultural property

Setting the context cont’O The State-centred regulation of cultural

propertyO States’ central role in the international legal

protection of cultural property is not in conflict with international law O The right to designate own cultural treasuresO No right to intervene in domestic mattersO International regimes regarded as ‘paper

tigers’O The dual appeal of cultural property and the

concomitant ‘dual accountability ‘of a State O The emerging norm of R2P

Setting the context cont’O Cultural significance of an object

O Property of cultural significanceO Indeterminacy of the notion of

cultureO Cultural internationalism v cultural

nationalismO 1954 Hague Convention

ODual nature of cultural property

Setting the context cont’O Importance of cultural property

O Why do people care about cultural property?

O What are the underlining principles for the international protection of cultural property?ONational value and concernOUniversal value and concern

The Old Bridge

O Construction of the Old Bridge of the Old BridgeO Geography, demography, historyO Building the Old Bridge

O Architecture, engineering, aesthetics

O Destruction of the Old BridgeO Motives behind the destructionO Effects of the destruction

O Municipal levelO International level

O Reconstruction of the Old Bridge and rebuilding a nationO International projectO Re-inauguration 23 July 2004O Reconciliation?

O Justice for the destruction of the Old Bridge and the simultaneous weakening a nation

O Prlić et al O Indictment unsealed March 2004 [ocean of charges]O Trial commenced 26 April 2006 [mega trial; completion strategy]O Trial completed March 2011O Judgment has not been delivered yet

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 - Report images

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 - Report images

Summary and observationsO The importance of cultural property

protection at both national and international levelO Cultural property indispensable in a nation’s

identity generatingO Parallel significance of cultural property that

transcends geographical (and temporal) boundariesO International aspect of the Bridge limits the power

of a nation-StateO Inscription on the World Heritage ListO International prosecution for wilful destruction of the

Bridge

Thank you for your attention!