Handbook on the Law of Cultural Heritage and International Trade

Handbook on the Law of Cultural Heritage and International Trade

Research Handbooks on Globalisation and the Law series

Edited by James A.R. Nafziger and Robert Kirkwood Paterson

This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.

Chapter 8: Greece

Elina N. Moustaira

Subjects: law - academic, cultural heritage and art law, international economic law, trade law

Extract

Two statutes form the foundation of Greek cultural heritage protection. The more important of these, the Law 3028/2002 ('On the protection of antiquities and cultural heritage in general'), is considered a success, being systematic and correcting the inconsistencies and gaps in previous laws. A second statute, the Law 3658/2008 ('Measures for the Protection of the Cultural Objects and other provisions'), represents a systematic effort to the protection of the cultural objects that constitute the cultural heritage of Greece. These statutes respect the limits set by the Hellenic Constitution and both the 1970 UNESCO Conventionand the 1995 UNIDROIT Convention. According to the Hellenic Constitution, the protection of the cultural environment is an obligation of the State and a right of everyone and according to a broad definition of the paragraph 6 of the same article, the State protection covers monuments, traditional areas, traditional elements and, in general, every cultural object. The legal framework also includes applicable European law and several bilateral agreements. According to the Law 3028/2002, the cultural heritage of the country consists of both material and immaterial cultural objects that are inside the Hellenic territory, inland waters and territorial waters included, as well as other maritime zones over which Greece has jurisdiction according to international law - that is, the contiguous zone, as well as the part of the continental shelf that coincides with the contiguous zone.

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