The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The protection of immoveable cultural heritages in light of effective principles and institutes: the comparative study of Iran and United Kingdom

Document Type : Original Article

Authors
Foroogh Heydari shooli 1
Dr.Mohammad Jalali 2
Janet Elizabet Blake 3
1 Phd student
2 Assistant Professor of Public Law, Shahid beheshti university,Tehran,Iran
3 Associat Professor, Faculty of Law. Shahid Beheshti University,Tehran.Iran
10.22034/mral.2021.525063.1117
Abstract
The focus of this research is protection of non-moveable cultural heritages as an example of collective right. The comparative study of this research illuminates that United Kingdom has conferred a huge discretion to local states and non-governmental institutes in order to protect above-mentioned right, although the central government plays still a pivotal role in making essential decisions. The reason is that in United Kingdom the publicity of cultural heritage and the public participation are accepted as two main principles, governing on the protection of cultural heritages. The result is an effective system of protection. On the other side, In Iran, since the protection of non-moveable cultural heritages is tied to sovereignty, ministry of cultural heritage tourism and handicrafts is regarded as an only authorized institute. Therefore, non-governmental and local institutes play a very small role in the process of the protection. It means that Iranian system of protection suffers lack of public participation and Specialization as a result of this restriction. In this research, beside of introducing British principles of protection of non-moveable cultural heritages and its comparison with Iranians one, the author tries to introduce extend of discretion of different institutes which protect these heritages in both countries.
Keywords
Historic heritage
Cultural heritage
Conservation of Cultural heritage
British Law
Immovable cultural heritage
The Journal of Modern Research on Administrative Law
Volume 3, Issue 7 - Serial Number 7
Third year, 7th Issue, Summer 2021
Summer 2021
Pages 163-226

  • Receive Date 13 February 2021
  • Revise Date 07 March 2021
  • Accept Date 15 April 2021