International trade and cultural heritage conservation in some Asian countries: the role of international law and international institutions

Ding, Kwok Wing James (2012). International trade and cultural heritage conservation in some Asian countries: the role of international law and international institutions PhD Thesis, School of English, Media Studies and Art History, The University of Queensland.

       
Attached Files (Some files may be inaccessible until you login with your UQ eSpace credentials)
Name Description MIMEType Size Downloads
s4133491_phd_finalthesis.pdf Thesis full text application/pdf 1.32MB 0
Author Ding, Kwok Wing James
Thesis Title International trade and cultural heritage conservation in some Asian countries: the role of international law and international institutions
School, Centre or Institute School of English, Media Studies and Art History
Institution The University of Queensland
Publication date 2012-10-08
Thesis type PhD Thesis
Supervisor Amareswar Galla
Lyndel Prott
Total pages 238
Total colour pages 5 (pp.133, 152, 195, 196 and 197)
Total black and white pages 233
Language eng
Subjects 210202 Heritage and Cultural Conservation
180117 International Trade Law
Formatted abstract
Encouraging concurrent national, bilateral/regional and multilateral creation of both “hard” and “soft” law is likely to be the best way of better integrating legal rules for the resolution of inconsistent provisions on trade and culture.

Currently, the cultural exceptions under the rules of the World Trade Organization have been largely neglected in relation to the development of international cultural heritage law by the United Nations Educational, Scientific and Cultural Organization and other international institutions. The scholarly literature on the exceptions is modest and the discussion of the exceptions generally is dominated by international trade lawyers who may not bring to the table a developed sense of the need to protect cultural heritage.

Against this background, this thesis will examine the impact of international trade, as well as the role of international institutions on cultural heritage conservation, particularly in some Asian countries. The thesis starts with a case study of the national regulatory regimes of China, Japan and Viet Nam and the challenges faced by them. China is a very old civilization but its regulatory regime is relatively new and may not be able to address many of its past problems. Japan has a more established regulatory regime but such an established regime may not face up some of the present challenges. Viet Nam has the newest regulatory regime among these three countries but is also not without problems. Thus, an overview of these different developed and developing countries will provide a good understanding of many countries which share similar national regimes and challenges.

This thesis then outlines the current role of international institutions and the current international regulatory regime including some of the inherent weaknesses in existing international instruments and the fragmentation of the current regime. A brief analysis will also be given to the difficult relationship between international trade and cultural heritage conservation.

Finally, this thesis explores the possibilities for reform of the existing institutional structure and the international regulatory regime. An integrated approach has been advocated but, while a comprehensive international regulatory regime covering both trade and cultural heritage conservation administered by a single international institution is ideal, it is probably unrealistic. Therefore, some pragmatic measures are being proposed which, when combined together, may point in the right direction and ultimately lead to an integrated regulatory regime achievable in the near future and which may address many of the challenges faced by several Asian countries.
Keyword Cultural heritage
Conservation
Trade
Law
International organizations
China
Japan
Viet Nam

 
Citation counts: Google Scholar Search Google Scholar
Created: Mon, 08 Oct 2012, 12:29:34 EST by Mr Kwok Wing Ding on behalf of Scholarly Communication and Digitisation Service