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F5: Law, Policy and Contested Heritage Authority

Tracks
5
Tuesday, December 1, 2026
9:00 AM - 10:15 AM
RHMZ02

Overview

Stream: Heritage Governance, Policy and Power


Paper / Session Submitter

Ms Yuki Ota
Specialist for Archival Affairs
National Archives of Japan

Pre-history of 1954 Hague Convention: Re-evaluating Moral Duty in Cultural Property Protection

Summary Abstract

This presentation aims to re-examine the 40-year "pre-history" of the 1954 Hague Convention, focusing on the period between 1914 and 1954. While the Convention is the first UNESCO treaty dedicated to cultural heritage, it has long been criticized for its lack of practical efficacy in active conflicts. By analyzing archival records and the persistent failures of preceding movements—such as the Roerich Pact and ICIC drafts—this study seeks to uncover why it took four decades to reach a diplomatic compromise. The primary objective is to argue that the Convention’s realization was driven not by military pragmatism, but by the strategic construction of "moral duty" as a global norm.

Biographies

Ms. Yuki OTA is an archivist at the National Archives of Japan, where she has served as a reference archivist and international liaison. She holds a Master of Arts in World Heritage Studies from the University of Tsukuba, completed in 2008. Her academic career is defined by a deep interest in the legal and international frameworks governing the protection of cultural property. Her primary research focuses on the historical development of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. In particular, she investigates the complex intersection of international law and cultural policy during the interwar period, examining how the initiatives of key figures influenced consecutive administrative and legal frameworks. Additionally, she maintains a strong research interest in the protection of cultural heritage in occupied Japan (1945–1952). Her current research project involves a critical re-evaluation of interwar debates, seeking to uncover the intellectual and diplomatic precursors to the 1954 Convention. By analyzing archival records, she aims to provide a more nuanced understanding of how global heritage norms were contested and codified prior to the Second World War.
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Professor Georgios Papaioannou
Professor
Ionian University

The Politics of Patrimonial (In)Visibility: Negative Heritage, Memory, and Democracy in Contemporary Europe

Summary Abstract

This paper examines the contested status of contemporary “negative heritage”, i.e. material and immaterial legacies of political violence, dictatorship, dissidence, and resistance, and interrogates the shifting boundaries between visibility and invisibility in democratic societies. Drawing on comparative case studies from Spain, Greece, Italy, and Serbia, it explores how such heritages are negotiated, suppressed, instrumentalized, or reinterpreted within current political /cultural frameworks. Rather than framing visibility as inherently progressive or invisibility as purely repressive, the paper treats both as dynamic, politically-charged processes shaped by power relations, collective memory, and institutional practices.
Adopting a critical heritage studies perspective, the analysis questions established patrimonial categories used by bodies such as ICOM and UNESCO and highlights their limitations when addressing traumatic pasts. Methodologically, the paper combines critical discourse analysis, comparative historical research, and participatory approaches, arguing that understanding the politics of patrimonial (in)visibility is crucial for more reflexive, plural, and socially responsible heritage practice.

Biographies

Georgios Papaioannou is Professor of Museology at the Ionian University, Greece, and Director of the Museology Research Lab, specializing in Digital Cultural Heritage and the GLAM sector. He has led over 40 international projects, authored 300+ publications, founded the Museum Big Data conferences, and directed museums and exhibitions across Europe and the Middle East. Anne Hertzog is an Associate Professor (Maître de Conférence) in Geography at CY Cergy Paris Université and the Director of the PLACES research laboratory. Her academic work focuses on geographical approaches to culture, heritage, and cultural tourism.
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Dr ANDRZEJ Jakubowski
Senior Reseacher
Institute of Law Studies of the Polish Academy of Sciences

Measuring Cultural Loss: Heritage Indicators as Analytical Tools

Summary Abstract

Armed conflict causes significant cultural loss that extends beyond physical damage to heritage sites, yet compensatory and reparation frameworks lack systematic methods for assessing such harm. This paper examines heritage indicators as analytical tools for measuring cultural loss, with particular reference to mechanisms addressing the destruction and appropriation of cultural heritage in armed conflict. Drawing on heritage studies and cultural policy analysis, it conceptualizes cultural loss as encompassing material damage, symbolic value, social function, and disruptions to cultural continuity. The paper outlines existing qualitative and quantitative heritage indicators and assesses their role in supporting evidence-based evaluation, comparability, and transparency in reparation processes. Using Ukraine as a case study, it highlights challenges related to documentation and valuation during ongoing conflict and argues that integrating heritage indicators can strengthen accountability and better align reparation mechanisms with international cultural heritage norms.

Biographies

Lawyer and art historian at the Institute of Law Studies of the Polish Academy of Sciences; Rapporteur of the ILA Committee on Safeguarding Cultural Heritage in Armed Conflict; arbitrator at the Court of Arbitration for Art and mediator at the UNESCO Committee for the Return and Restitution of Cultural Property.
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Ms Nancy Mahaney
Cultural Resources Lead/Senior Curator (retired)
Lowell National Historical Park, National Park Service

“From Interpretation to Regulation: Examining the Consequences of Secretarial Order 3431 Across U.S. Heritage Sites”

Summary Abstract

The United States National Park Service (NPS) manages 433 sites and is mandated by the 1916 Organic Act to interpret natural and cultural resources at this sties for public benefit. In March 2025, a new Secretarial Order—SO 3431, “Restoring Truth and Sanity to American History”—required that all NPS interpretive media undergo review by the public, park staff, and agency leadership. This directive has led to the removal or alteration of various interpretive materials, including films, exhibit labels, and flags, based on criteria set by the current administration. The proposed presentation evaluates this policy shift through a cultural resource management lens, analyzing the order’s intent, its initial implementation, and its influence on interpretive programming across heritage sites. It further considers how mandatory revisions reflect broader global trends toward political intervention in historical narratives and potential authoritarian pressures on public history.

Biographies

Nancy Mahaney has worked in Museum Curation, Administration and Cultural Resource Management for more than forty years and managed cultural resources for the U.S Department of the Interior for seventeen years. In addition to her work with federal collections and historic sites, she has held museum leadership positions with the White Mountain Apache and Gila River Indian Communities in Arizona to advance community initiatives in cultural perpetuation through the creation of community centered cultural institutions. Mahaney is currently pursuing a PhD in Environmental Design and Planning with a focus on Placemaking and Collective Memory. Her forth-coming dissertation is a case study in of the Oklahoma National Memorial examining the development of collective narratives through designed memorials at the sites of tragedies.
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