Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Postgraduate Coursework
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is an advanced level description and examination of the legal issues and associated social context raised by cultural heritage in Australia and internationally. The course seeks to develop students' knowledge of cultural heritage law, raise awareness of the role law plays in the protection of cultural heritage and develop an ability to solve complex legal problems associated with the protection of cultural heritage.
Cultural Heritage Law explores the interface between law and cultural heritage. It covers as wide a scope as the term cultural heritage implies, from the tangible to the intangible, addressing the philosophical and contextual framework that shapes and gives content to the notion of cultural heritage. The process of determining what objects should be elevated to the status of cultural heritage is, however, more complex than might be at first apparent. This course begins with a consideration of the nature of this complex process and its dynamic components, including the nature of the process itself, interest groups that affect the process and the nature of the conflicting interests that arise. It includes for example, addressing questions such as who ‘owns’ cultural heritage, what interests can claim to be protected, how notions of heritage underpin social structures and social regulation, and the difficulties of addressing these questions in the formulation of culture policies. A comparison is made of categories of objects protected as cultural heritage in a number of international and national laws.
The substantive material considered in this course are the laws that protect cultural heritage; both immovable and movable cultural heritage, whether on land or underwater and during times of peace and in times of war. These differing ways of viewing cultural heritage arise due to the manner in which the international community has reacted to threats to the cultural heritage. Six major international conventions have been adopted to protected cultural heritage: 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (and Protocols); 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (and its companion convention, the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects); 1972 Convention for the Protection of the World Cultural and Natural Heritage; 2001 Convention on the Protection of the Underwater Cultural Heritage and 2003 Convention for the Safeguarding of Intangible Cultural Heritage.ﾠ
In the context of case studies, these Conventions are dealt with thematically and consideration is given to the manner in which these Conventions are implemented in Australia, with particular reference to the degree of compatibility, consistency and value in structuring a coherent international regime to protect cultural heritage and Australia’s role in that regime.
While the conventional and customary international laws provide an international regime for the protection of cultural heritage, the movement of objects of a cultural value from one state to another gives rise to conflicts at a private level. The course will introduce students to the private international law regime that applies and consideration will be given to those rules which have given rise to difficulties in relation to the movement of cultural heritage.ﾠﾠﾠﾠ
Finally, the extent to which the international conventions and customary law has been implemented in Australia will be evaluated, and consideration given to whether further legislation is required.
Course requirements
Assumed background
There are no prerequisites for this course.
Restrictions
LLM(16); LLM(24); GCMusmSt; GDipMusmSt; MMusmSt; GCHM; MHM(16); MHM(24), MIL and MIR/MIL.
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
This course in Cultural Heritage Law provides the framework within which you are able to think critically about the law and its application to cultural heritage, particularly its structures, principles, policies, and values.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Comprehend the complex process of defining cultural heritage, demonstrate a thorough understanding of the philosophical and contextual frameworks that shape definitions of cultural heritage and identify, compare and explain reasons for the differing definitions of cultural heritage;
LO2.
Identify, restate, explain and evaluate the conventional and customary international laws that apply to the protection of cultural heritage;
LO3.
Identify, restate, explain and evaluate the Australian laws that apply to the protection of cultural heritage;
LO4.
Comprehend the differing theoretical perspectives that can be taken of the law protecting cultural heritage;
LO5.
Resolve or provide legitimate solutions to problems arising from a set of facts by the application of the matrix of national and international laws applicable to the protection of cultural heritage, and effectively communicate this in written form; and
LO6.
Undertake advanced research into an area of cultural heritage law and effectively communicate the problem to be researched orally and effectively communicate the results of the research in written form.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Essay/ Critique |
Take Home Assessment
|
50% |
8/10/2024 2:00 pm |
| Paper/ Report/ Annotation |
Research paper
|
50% |
5/11/2024 2:00 pm |
Assessment details
Take Home Assessment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 50%
- Due date
8/10/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L05
Task description
The assessment will be released on 3 September.
This assessment will address a number of complex problems arising out of armed conflict and/or the involving the movement of cultural heritage; which will require consideration of issues concerning public international law, national legislation and conflict of laws. It will be made available on Blackboard.
Word length: 3,500 words, excluding footnotes. Explanatory text in the footnotes should be kept to a minimum. In accordance with Law School policy, each student must indicate the word count for the assignment on the title page of the assignment.
The marker WILL stop marking when the word length is reached and marks will be awarded on the assessed material only. Material in excess of the word length will NOT BE assessed.
The Law School has adopted the Australian Guide to Legal Citation, 4th ed, published by Melbourne University Law Review Association, which must be followed.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
Assessment must be submitted as a word doc using the Turnitin link under the assessment tab.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Research paper
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 50%
- Due date
5/11/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L06
Task description
This assessment consists of a research paper that addresses an issue arising from one of the five UNESCO Conventions proposed by the student. Student must submit a research proposal not exceeding 500 words to the course coordinator by 2pm 8 October. Students must not proceed with the research without the course coordinators approval of the research proposal.
Word length: 3,500 words, excluding footnotes. Explanatory text in the footnotes should be kept to a minimum. In accordance with Law School policy, each student must indicate the word count for the assignment on the title page of the assignment.
The marker WILL stop marking when the word length is reached and marks will be awarded on the assessed material only. Material in excess of the word length will NOT BE assessed.
The Law School has adopted the Australian Guide to Legal Citation, 4th ed, published by Melbourne University Law Review Association, which must be followed.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
Assessment must be submitted as a word doc using the Turnitin link under the assessment tab.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
There are a number of documentary productions which provide background information relevant to this course. These will be shown during the course as case studies.ﾠﾠﾠ
ﾠ
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 9 |
Seminar |
Seminars There will be eight 3-hour seminars that cover the following topics:
Further details will be provided in the Course Learning Guide available on the Course Blackboard site. Learning outcomes: L01, L04 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: