THE CONCEPT OF PROTECTIVE INTERVENTION: AN EFFECTIVE INTERNATIONAL LAW INSTRUMENT FOR THE CULTURAL PROPERTY PROTECTION OR A FICTION

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CEELS_1_2014_KOVAL.pdf

CEELS_1_2014_KOVAL.pdf

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THE CONCEPT OF PROTECTIVE INTERVENTION:
AN EFFECTIVE INTERNATIONAL LAW INSTRUMENT
FOR THE CULTURAL PROPERTY PROTECTION OR A FICTION?


DMYTRO O. KOVAL
PhD in Law, Senior Lecturer, Faculty of International Law and Legal Journalism
(Department of International Law and International Relations),
National University "Odessa Law Academy"

This paper deals with the concept of protective intervention for the protection of cultural property. The concept is analyzed from different points of view: state immunity, contemporary doctrinal and practical approaches to the subjective composition of international law, responsibility to protect doctrine, responsibility while protecting doctrine, cultural nationalism and cultural internationalism, public interest in international law cultural property protection etc. An alternative view on the implementation of the dis-puted concept to the international law documents and practice is proposed by the author: the planning of the cultural property protection before the peacekeeping operations, regional instruments permitting international management of cultural objects which have a transboundary significance.