Francesca Varvello - Academia.edu (original) (raw)
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Università degli Studi di Firenze (University of Florence)
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Papers by Francesca Varvello
Even if not originally conceived of as related to cultural heritage, the common heritage of manki... more Even if not originally conceived of as related to cultural heritage, the common heritage of mankind (CHM) principle progressively makes its way into this field too. International norms regulating underwater cultural heritage (UCH) fit in the same evolving trend. However, they have to relate to an existing legal framework that has a completely different and possibly opposite primary objective. Indeed, the United Nations Convention on the Law of the Sea (UNCLOS) provided for archaeological and historical objects found at sea, prior to the adoption of an international convention specifically for UCH. Nevertheless, the related provisions of this convention have raised many doubts. The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage would seem to intend to fill the vacuum, but it has not yet received the necessary acceptance and this surely impacts on the promotion of the UCH towards a more ‘common’ interest. This paper retraces the evolution of the protectio...
1. Introduction. 2. International dimension. 2.1. Water as a resource: the emergence of common co... more 1. Introduction. 2. International dimension. 2.1. Water as a resource: the emergence of common concerns? 2.1.1. The explicit protection of the "international water law". 2.1.2. The incidental protection of multilateral environmental agreements: strengthening the duty to cooperate thanks to the multiplicity of actors involved in water management issues. 2.2. Water as a human right: an emerging trend with a difficult enforcement? 2.2.1. A Soft explicit protection: the UN Committee on Economic, Social and Cultural Rights opens a window that the UN General Assembly is trying to keep accessible. 2.2.2. A harder indirect protection: regional Courts evocate complementary human rights using the "par ricochet" stratagem. 2.3. Water as an economic good: a silent emergence of social concerns? 2.3.1. The privatization of water supply services and human rights obligations. 2.3.2. Dripping water hollows out stone: looking for a new place for human rights (to water) in investment disputes resolution. 3. Regional dimension: the European Union. 3.1. Freshwater resources and democracy in the EU: introductory remarks. 3.2. The Water Framework Directive. 3.2.1. The management of river basin districts. 3.2.2. The public consultation method. 3.3. Water as a tradable good or service under EU law. 3.3.1. Water services and local communities in EU law. 3.3.1. Water services and local communities in EU law. 3.3.2. EU law and direct participatory tools: the European citizens' initiative and freshwater resources. 4. Conclusions. * Peer reviewed. The introduction and the conclusions are the outcomes of the authors' joint work. Paragraph 2 is authored by Francesca Varvello, while the section on the European dimension must be attributed to Stefano Montaldo.
Even if not originally conceived of as related to cultural heritage, the common heritage of manki... more Even if not originally conceived of as related to cultural heritage, the common heritage of mankind (CHM) principle progressively makes its way into this field too. International norms regulating underwater cultural heritage (UCH) fit in the same evolving trend. However, they have to relate to an existing legal framework that has a completely different and possibly opposite primary objective. Indeed, the United Nations Convention on the Law of the Sea (UNCLOS) provided for archaeological and historical objects found at sea, prior to the adoption of an international convention specifically for UCH. Nevertheless, the related provisions of this convention have raised many doubts. The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage would seem to intend to fill the vacuum, but it has not yet received the necessary acceptance and this surely impacts on the promotion of the UCH towards a more ‘common’ interest. This paper retraces the evolution of the protectio...
1. Introduction. 2. International dimension. 2.1. Water as a resource: the emergence of common co... more 1. Introduction. 2. International dimension. 2.1. Water as a resource: the emergence of common concerns? 2.1.1. The explicit protection of the "international water law". 2.1.2. The incidental protection of multilateral environmental agreements: strengthening the duty to cooperate thanks to the multiplicity of actors involved in water management issues. 2.2. Water as a human right: an emerging trend with a difficult enforcement? 2.2.1. A Soft explicit protection: the UN Committee on Economic, Social and Cultural Rights opens a window that the UN General Assembly is trying to keep accessible. 2.2.2. A harder indirect protection: regional Courts evocate complementary human rights using the "par ricochet" stratagem. 2.3. Water as an economic good: a silent emergence of social concerns? 2.3.1. The privatization of water supply services and human rights obligations. 2.3.2. Dripping water hollows out stone: looking for a new place for human rights (to water) in investment disputes resolution. 3. Regional dimension: the European Union. 3.1. Freshwater resources and democracy in the EU: introductory remarks. 3.2. The Water Framework Directive. 3.2.1. The management of river basin districts. 3.2.2. The public consultation method. 3.3. Water as a tradable good or service under EU law. 3.3.1. Water services and local communities in EU law. 3.3.1. Water services and local communities in EU law. 3.3.2. EU law and direct participatory tools: the European citizens' initiative and freshwater resources. 4. Conclusions. * Peer reviewed. The introduction and the conclusions are the outcomes of the authors' joint work. Paragraph 2 is authored by Francesca Varvello, while the section on the European dimension must be attributed to Stefano Montaldo.