Lucas Lixinski

UNSW Sydney | UNSW · Faculty of Law & Justice

The article examines the history and legacy of the Bogotá diplomatic conference of 1948 in relation to Indigenous peoples. Indigenous voices were entirely absent from the Bogotá conference itself, and delegates relied instead on certain assumptions and narratives largely drawn from the Indigenismo movement in the Americas at the time. In considerin...

Cultural heritage is integral to social cohesion and plays a key role in preventing or at least ameliorating the effects of massive change such as conflict, disasters, and mass migration, including contributing to the recovery, resilience and reconciliation of affected communities. The connection between cultural heritage and human suffering has be...

This article maps the field of cultural heritage law, arguing for the need for its renewal, even if at the cost of some iconoclasm of notions we hold dear in our conceptual thinking about heritage. The article pursues this thesis by excavating a conceptual archaeology (broadly in the Foucauldian sense) of four key assumptions or conceptual pillars...

The article examines the history of extradition in the twentieth century, to call for a broader engagement with extradition law not only as an under-explored chapter in international law in its own right, but also as a pathway to think more deeply about world-ruling projects. Extradition law, normally thought of as primarily bilateral, in fact has...

This article argues that international human rights law (IHRL) at a system-wide level produces paternalistic effects that undermine the work it is meant to do for rightsholders. Analyzing the work of four key United Nations human rights treaty bodies, we show how institutional arrangements exclude rightsholders from having a say on their own intere...

Authenticity has long been a lynchpin of our thinking about heritage. It is a threshold question as to whether we even consider something to be heritage. Because authenticity is a threshold question, we have often assumed it and its relevance. Scholarship on authenticity therefore focuses on how it is created and (re)negotiated, seldom scrutinising...

1. Introduction The book¹ taps into a context of growing importance, as monuments are removed or re-signified around the world as a form of reckoning with past atrocity, and cultural heritage sites destroyed by war come to be reconstructed, technically losing their treasured authenticity, precisely to allow for the prevalence of community sentiment...

This is a call for papers for a new edited volume examining the relationships between heritage and peace-making.

Amicus curiae brief presented to the Inter-American Court of Human Rights at the request of the Indian Law Resource Center in the case of COMUNIDAD INDÍGENA MAYA Q'EQCHI AGUA CALIENTE VS. GUATEMALA . The case concerns the lack of legislation to guarantee the collective ownership of Indigenous Peoples over their lands. It argues for such ownership b...

Our desire to protect heritage on Earth is evidenced and supported by a series of treaties aimed at safeguarding intangible and tangible items and sites. The time is ripe to create a legal framework to formalize the safeguarding of such items in outer space. Indeed, it is increasingly clamant to expand the United Nations treaty regime over an area...

The push for cities to be a part of international legal governance processes is tied to the promise of bridging international law’s democratic deficit. However, the exercise of cities’ personality in international law can end up replicating many of the same democratic deficits with which international law is usually charged. Therefore, cities as ag...

This chapter queries the history of the principle of Permanent Sovereignty over Natural Resources (PSNR), often heralded as a watershed moment of the push to decolonise international law. It shows that the principle has a much longer and more complicated history that places this principle’s origins in Latin America in the interwar period. While pre...

Cultural heritage is a feature of transitioning societies, from museums commemorating the end of a dictatorship to adding places like the Auschwitz-Birkenau concentration camp to the World Heritage List. These processes are governed by specific laws, and yet transitional justice discourses tend to ignore law's role, assuming that memory in transiti...

fonte de preocupação para acadêmicos do direito internacional. Como consequência, o campo do Direito Internacional testemunha uma série de publicações acadêmicas que analisam os recentes movimentos populistas e seus impactos no Direito Internacional como nós o conhecemos. Essas análises focaram em diferentes áreas do Direito Internacional e suas in...

Under many UNESCO instruments there is a disconnect between the language of the treaties and the mechanics of the positive law, on the one hand, and the actuality of international heritage management practice, on the other. Specifically, existing primary norms often do not set sufficiently clear legal obligations. This chapter explores this mismatc...

The last decade or so has seen a fundamental shift in Aboriginal cultural heritage law in Australia. A number of subnational jurisdictions in Australia have undergone major reforms to their Aboriginal heritage legislation. Other subnational jurisdictions are currently in the reform process or have promised reform in coming years. We use the latest...

This article argues that digital and post-colonial engagements with heritage can be reconciled only if they happen in the terms set by the once-colonized community, and for their benefit. Further, the law can play a significant role in embedding certain ethical commitments, provided it can steer away from legal categories such as authenticity and a...

This Article explores the work that religious heritage performs in our thinking about the uses of heritage in the construction of politics, society, and culture. Seen as heritage, religion is an important part of nation-building, divorced from fundamental canons, and seen as a social practice, which for the most part is a positive development in li...

This chapter focuses on the multiple definitions of ‘heritage’ in UNESCO instruments, and particularly on their relationship to the idea of ‘property’, with respect to communities’ engagement with heritage. It examines the drafting history of the key UNESCO treaties in the area, to identify the role of communities and other stakeholders in the defi...

This chapter looks at the actors and stakeholders in the field of international heritage law. It focuses a significant amount of energy on the roles of states and experts, who are the key actors with a seat at the international table, before moving to look at museums, collectors, and other private (corporate) actors, and the elusive ‘community’, wh...

This chapter focuses on the relationship between heritage and sustainable development, and more broadly the environment, particularly in the ways in which sustainable development can exclude communities from their own heritage. It shows how ‘natural’ heritage has a much more pervasive impact on how we think of heritage in international law, and the...

This chapter introduces the second major part of this book, looking at the application of international heritage law. It focuses on the ways in which the economics of heritage are engaged (or disengaged) by international heritage treaties, and their effects on communities, whose engagement with their own heritage is very often economic. The common...

This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have, by design or in their implementation, effectively prevented local communities, who bear the brunt of the cos...

This chapter focuses on the way international heritage law applies across time, and the mismatch between community and state expectations of these relationships between heritage and time. While it often relies on time as a means to define heritage, international heritage law has in many respects a difficult relationship with Chronos. From the age o...

This chapter uses the insights gained from previous chapters to outline the bright and dark sides of international heritage law, particularly as seen from the perspective of communities’ engagement with their own heritage and the legal structures around it. This chapter argues that, while there have been tremendous achievements in the field of inte...

This chapter tackles issues of application that are at the forefront of international heritage treaties. It looks at tools inherent to international heritage treaties such as listing, international funds, and cooperation mechanisms, and the ways communities can (or, more often, cannot) rely on them. It also considers how, once compared across treat...

This chapter on courts of regional economic communities in Latin America focuses mainly on MERCOSUR since other regional arrangements have not yet developed a fundamental rights jurisprudence of their own. In particular, it discusses a MERCOSUR arbitral award on the pulp mill dispute, in which Argentina invoked fundamental rights against market fre...

Building Consensus on European Consensus - edited by Panos Kapotas January 2019

Cambridge Core - European Law - Building Consensus on European Consensus - edited by Panos Kapotas

This chapter engages with the Axum Stele (or Obelisk, as it is popularly known), a large monument that originally sat in Axum, Ethiopia, as a memento of an old and powerful civilization. In the Italian Conquest of Ethiopia, it was taken to Rome by Mussolini’s troops, and it stood for several years in front of the Italian Ministry of the Colonies. E...

This article focuses on the issue of framing of food in international law, as a means to highlight the specific dimensions of food that are the focus of food as heritage under the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. The specific example of Mexican traditional cuisine is used as a prism through which to analyze...