International Cultural Heritage Law: The Link Between Cultural Nationalism, Internationalism, and the Concept of Cultural Genocide

Part I of this Note will explain the theoretical underpinnings of what constitutes “cultural heritage,” why it deserves protection, and what obstacles stand in the way of protection. Part II will discuss the existing international legal framework aimed at protecting cultural heritage, as well as the flaws within that framework. Part III will analyze the most recent developments in international cultural heritage law, the criticism these developments have faced, and the difficulty in reconciling the protection of people with the protection of property. Ultimately, this Note concludes that a new prosecutorial strategy and interpretation of existing legal instruments, as well as the concepts of cultural nationalism, cultural internationalism, and cultural genocide, are necessary to achieve a more effective legal regime for the protection of cultural heritage.