International and European obligations on the Belgian State to protect cultural heritage

de Clippele, Marie-Sophie
(2021) Transcultural Diplomacy and International Law in Heritage Conservation. A Dialogue between Ethics, Law, and Culture — ISBN: [978-981-16-0308-2], 169-190, published

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Since the second half of the last century an increasing number of international and European rules have been adopted for the protection of cultural heritage. This transnational legal framework is applied by the Belgian State, even though the degree of applicability varies according to two criteria: the immediacy of application and the direct effect (also called direct applicability). The cross-cutting question through the analysis of this panel of rules imposing regulatory duties on States is how these rules have been applied in Belgian law and whether the burden required of the competent public authorities has increased in this area. It is important to note at this stage that most of these conventions are weak in terms of concrete implementation mechanisms and often have few binding monitoring bodies (except for the European Union). The obligations set out in these are not always precise, but have nevertheless generally exerted some influence on Belgian legislators. The aim is therefore not to list every obligation contained in each ratified convention, but rather to measure the impact of the convention and the degree of constraint (notably through direct effect) that accompanies it.
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de Clippele, M.-S. (2021). International and European obligations on the Belgian State to protect cultural heritage. In Olimpia Niglio, Eric Yong Joong Lee (ed.), Transcultural Diplomacy and International Law in Heritage Conservation. A Dialogue between Ethics, Law, and Culture (pp. 169-190). Springer. https://doi.org/10.1007/978-981-16-0309-9