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Title: | Legal issues in the protection of cultural property against looting and destruction in Iraq |
Authors: | Aya Ali Hussein (P79327) |
Supervisor: | Rasyikah Md. Khalid, Prof. Dr. |
Keywords: | Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia Cultural property |
Issue Date: | 31-Jul-2017 |
Description: | Iraq is home to many archaeological sites of the world like Babylon Ashur, Nineveh, Nimrud,and Samarra. Nevertheless, Iraq has become unstable after the United States occupation in 2003 and the cultural property located at these sites are inherently at risk of looting and destruction. Several treaties were promulgated to protect these cultural property namely the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illicitly Exported Cultural Property. In 2003, the UNESCO Declaration Concerning the Intentional Destruction of Cultural Heritage was proclaimed as an extra measure to ensure that states protect the cultural property in time of peace. Iraq also has a collection of laws to protect cultural property such as the Antiquities Law No. 59 of 1936 and the Antiquities and Heritage Law No. 55 of 2002. Despite the existence of these laws, uncontrolled looting and destruction of cultural property are becoming more common in Iraq. This thesis analyses the legal protection for cultural property in accordance with international and domestic laws. It evaluates whether these laws are adequate to protect the cultural property in Iraq from further looting and destruction, and provides recommendations for legal improvement on this matter. This study employs the traditional legal method through document analysis of laws and commentaries in journals and reports. It concludes that the conventions to safeguard cultural property in Iraq are inadequate to deal with the situation in Iraq due to lack of commitment from the United States and the United Kingdom to become parties to these conventions and to make serious efforts to safeguard the cultural property during war. Amendment of certain legal provisions in Iraqi laws are also needed to ensure protection of cultural property, especially those of outstanding universal value, to be more effective in the future.,Master of Law |
Pages: | 95 |
Call Number: | C74.AYA 2017 2 tesis |
Publisher: | UKM, Bangi |
Appears in Collections: | Faculty of Law / Fakulti Undang-undang |
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ukmvital_119632+Source01+Source01.1.PDF Restricted Access | 588.48 kB | Adobe PDF | View/Open | |
ukmvital_119632+Source01+Source010.PDF Restricted Access | 1.05 MB | Adobe PDF | View/Open |
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