HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES 2 HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES International conference October 12-13, 2016 Niguliste Museum Tallinn, Estonia Conference proceedings Conference team: ICOMOS Estonia NC; ICLAFI; Estonian Academy of Arts; Tallinn Urban Planning Department Division of Heritage Protection; Estonian National Heritage Board Publication: ICOMOS Estonia NC; ICLAFI; Estonian Academy of Arts Editors: Riin Alatalu, Anneli Randla, Laura Ingerpuu, Diana Haapsal Design and layout: Elle Lepik Photos: authors, Tõnu Noorits Tallinn 2017 ISBN 978-9949-88-197-0 (pdf) The conference and meetings of ICLAFI and Nordic-Baltic ICOMOS National Committees were supported by: Estonian Academy of Arts, Tallinn Urban Planning Department Division of Heritage Protection, National Heritage Board, Ministry of Culture, Nordic Council of Ministers Published with the financial support from Estonian Cultural Foundation © ICOMOS ESTONIA NC, 2017 © ICLAFI, 2017 © Authors of the articles, 2017 international council on monuments and sites HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES 3 CONTENTS 4 TOSHIYUKI KONO Foreword 81 JAMES K. REAP WHAT’S OLD IS NEW AGAIN: CHARLES XI’S 1666 CONSERVATION ACT VIEWED FROM 21ST CENTURY AMERICA 5 RIIN ALATALU Conference proceedings 6 THOMAS ADLERCREUTZ THE ROYAL PLACAT OF 1666. BRIEFLY 91 ERNESTO BECERRIL MIRÓ and ROBERTO NÚÑEZ ARRATIA HI STORIC ABOUT BACKGROUND AND FURTHER IMPORTANCE PERSPECTIVE OF THE CULTURAL HERITAGE LEGISLATION IN MEXICO 16 RIIN ALATALU DEVELOPMENT OF HERITAGE LEGISLATION AND 94 AMAYA IRARRÁZAVAL ZEGERS DEVELOPMENT OF THE LEGISLATION OF INSTITUTIONS IN ESTONIA THE PROTECTION OF CULTURAL HERITAGE IN CHILE 20 WERNER VON TRÜTZSCHLER THE DEVELOPMENT OF THE LEGAL 97 WOLFGANG KARL GÖHNER PROCESSES AND NEEDS OF REFORMING PROTECTION OF MONUMENTS IN GERMANY THE LEGISLATION IN THE FEDERAL REPUBLIC OF GERMANY 22 MONA O’ROURKE THE EVOLUTION OF A LEGISLATIVE FRAMEWORK 106 MARÍA MARTA RAE CURUCHET HOUSE: LE CORBUSIER PROJECT FOR PROTECTION OF CULTURAL HERITAGE IN IRELAND WORLD HERITAGE NOMINATION 30 VILTE JANUSAUSKAITE LITHUANIA – THE STANDARD SETTER FOR 115 LUIGIA BERSANI THE PARTICIPATION OF PRIVATE SUBJECTS IN THE URBAN HERITAGE PROTECTION IN THE FORMER USSR? PROTECTION AND VALORIZATION OF CULTURAL HERITAGE: 34 ANNE MIE DRAYE LEGISLATION AND COMMON VALUES: A REPORT EXAMPLES UNDER ITALIAN LAW FROM BELGIUM/THE FLEMISH REGION 120 ETIENNE CLEMENT A HISTORICAL PERSPECTIVE ON THE PROTECTION 39 TAMER GÖK CONSERVATION OF CULTURAL HERITAGE IN TURKEY: OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONCLIFT: DEVELOPMENT OF LEGAL RULES AND INSTITUTIONS FROM THE HAGUE 1907 CONVENTION AND THE ROERICH PACT, 43 JACK TSEN-TA LEE SENCE OF PLACE: THE INTERSECTION BETWEEN TO THE 2003 UNESCO DECLARATION CONCERNING THE BUILT HERITAGE AND INTANGIBLE CULTURAL HERITAGE IN INTERNATIONAL DESTRUCTION OF CULTURAL HERITAGE SINGAPORE 126 SUSANNA CARLSTEN “PROPERTY OF THE SWEDISH PEOPLE” - 52 ARLETTE VERKRUYSSEN HERITAGE LEGISLATION IN BRUSSELS: THE BASIS AND CHANGE OF THE SWEDISH EXPORT CONTROL IN INTEGRATED CONSERVATION AND URBAN DEVELOPMENT RELATION TO CURRENT CULTURAL POLICY OBJECTIVES 57 BÉNÉDICTE GAILLARD HISTORICAL PERSPECTIVE ON THE 131 HENRY KUNINGAS STRANDED IDEAS. UNREALIZED CONSTRUCTION TRANSPOSITION OF THE 1972 UNESCO WORLD HERITAGE PLANS IN TALLINN OLD TOWN IN SOVIET PERIOD CONVENTION IN THE NATIONAL LEGISLATIONS OF ITS STATES 135 NELE KANGERT TREASURE HUNTERS WITH METAL DETECTORS AND PARTIES ARCHAEOLOGICAL HERITAGE – FRIENDS OR FOES? 64 WOJCIECH KOWALSKI HISTORICAL ASPECTS OF THE LEGAL 137 KAAREL TRUU REUSE AND DONORSHIP IN TALLINN OLD TOWN PROTECTION OF CULTURAL HERITAGE IN POLAND 140 Conference 68 THE EVOLUTION OF SATU-KAARINA VIRTALA and MATLEENA HAAPALA 143 MUINSUSKAITSE SEADUSED OMAS AJAS. HERITAGE LEGISLATION IN FINLAND ÕIGUSE JA VÄÄRTUSE VAHEKORD 71 JELKA PIRKOVIC EVOLUTION OF NATIONAL LEGISLATION ON MONUMENTS PROTECTION IN SLOVENIA 144 RIIN ALATALU Konverentsi artiklite kogumik 77 SVETOSLAV GEORGIEV A HISTORICAL OVERVIEW OF THE 145 Kuningliku Majesteedi plakat ja käsk vanade mälestusmärkide ja DEVELOPMENT OF THE SYSTEM OF CULTURAL HERITAGE muinsuste kohta CONSERVATION IN BULGARIA 147 Artiklite lühikokkuvõtted HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES Foreword 4 FOREWORD Conservation of cultural heritage aims at protecting heritage values of diverse heri- how could the legislator cope with new situations, i.e. the expansion [or changes] tage sites. Heritage values were often understood as “historic and aesthetic” values at of values and more involvement of communities in rapidly changing societies? What an early stage of the conservation (for instance, the Athens Charter [1931]; the Venice would be adequate design of legal tool to cope with emerging situations? The ICLAFI Charter [1964]; Art.14 (v) of the Operational Guidelines of the World Heritage Con- Conference organized in 2016 by ICOMOS Estonia, “Historical Perspective on Heritage vention [1977]; Art.1 of the Florence Charter [1981]). Heritage values however did not Legislation – Balance between Laws and Values”, was a great opportunity to reflect remain static. More dimensions of heritage values were developed. For instance, the such important questions for heritage conservation. Washington Charter [1987] requires conservation plans to address all relevant factors, including archaeology, history, architecture, techniques, sociology and economics. This volume contains papers submitted at the Conference. I thank all participants of The Paris Declaration on Heritage as a Driver of Development [2011] clearly refers to the Conference for their active participation in discussions. Last, but not least I would “economic, social and cultural values” of heritage. The myriad of values attributed to like to express my sincere gratitude to Ms. Riin Alatalu who made such an impressive heritage and the variety of actors involved today has created a complexity that did conference possible and happen. not exist in the certainty of the aesthetic and historic significance of the expert who crafted of the Venice Charter (de la Torre [2012]). As some important instruments such as the Burra Charter [1979, 1981, 1988, 1999[, Prof Toshiyuki Kono the Washington Charter [1987] and the Budapest Declaration [2002] stress, it is strongly expected to involve local communities in the process of the conservation. President of ICOMOS Furthermore, our societies have drastically changed over the last two decades, due President of ICLAFI to Internet, globalization, immigration as well as technological developments. Tradi- tionally, regulatory approach has been the typical methodology for conservation of heritage, i.e. prohibition and regulation combined with some incentive measures. This has been the most effective way for relationships between owner and authority. But HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES Conference proceedings 5 HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES Conference commemorating the 350th Anniversary of the 1666 Conservation Act by King Charles XI of Sweden and the 50th Anniversary of establishing Tallinn Old Town Conservation Area Tallinn 12.-13. October 2016 In October 2016 the correlation between legislation and the efficiency of heritage itage legislation worldwide. In addition to conference presentations many members protection today and in the past were discussed in Tallinn, Estonia. The conference of ICLAFI contributed with an article. As a result, one can find here an overview of the commemorated important legislative cornerstones – the 350th Anniversary of the history of heritage legislation in Sweden, Germany, Ireland, Lithuania, Belgium, Tur- 1666 Conservation Act by King Charles XI of Sweden and the 50th Anniversary of es- key, Poland, Finland, Slovenia, Bulgaria, Mexico, Chile and Estonia. The contributions tablishing Tallinn Old Town Conservation Area. Both acts were the standard setters from Singapore, Thailand, Sweden, Italy, France and Argentina open the background of their time and have had a broad-scale influence on the developments in heritage of international legislation and tendencies, the correlation between legislation and protection as well as social values and human behaviour. common values in faraway countries. The conference brought together experts on heritage, administration and legal issues We hope that the reader finds this selection as a useful tool to create better under- from all over the world. Tallinn hosted 40 foreign experts and attracted far more than standing in the mission of heritage protection. Diverse background of the authors 100 local experts, students and others. The conference was organised by ICOMOS enables to compare the national legislations as well as global tendencies. Estonia, ICOMOS International Scientific Committee on Legal, Administrative and Financial Issues (ICLAFI) and Nordic- Baltic ICOMOS committees in cooperation with Tallinn Urban Planning Department Cultural Heritage Division, Estonian Academy of Arts and National Heritage Board and with the help of Ministry of Culture and Nordic Dr Riin Alatalu Council of Ministers. The special value of this conference was the interdisciplinary ap- proach – among the speakers were lawyers, historians, architects, conservators and President of ICOMOS