Stefan Gruber
Wuhan University, Law, Faculty Member
- Kyoto University, Hakubi Center for Advanced Research, Faculty MemberWaseda University, Institute for Advanced Social Sciences, Adjunctadd
- International Law, Human Rights, Cultural Heritage Law, Art Crime, International Environmental Law, Environmental Law and Human Rights, and 17 moreAsian law, Sustainable Development, Cultural Heritage, Cultural World Heritage Sites, Chinese Law, Sustainable Development Law, Public International Law, Art Theft, Art Crime, Art Related Crime, Laws of War, Armed Conflict, International Humanitarian Law, Just War, International Relations, Law, Cultural Heritage Management, Heritage Studies, and Intangible Cultural Heritage (Culture)edit
- Contact: stefan.a.k.gruber@gmail.com Stefan Gruber is a Distinguished Professor and Luojia Chair at Wuhan University... moreContact: stefan.a.k.gruber@gmail.com
Stefan Gruber is a Distinguished Professor and Luojia Chair at Wuhan University and based at the School of Law. He is further an Adjunct Researcher at the Institute for Advanced Social Sciences of Waseda University in Tokyo, and a Hakubi Researcher of Kyoto University. Until 2013, he taught at the Faculty of Law of the University of Sydney, where he inter alia coordinated all legal research units for the undergraduate and graduate law degrees. He was also visiting professor inter alia at the University of Hong Kong, Goethe University Frankfurt, Duke University, Seoul National University, and Renmin Law School of China. Stefan is further active as a consultant, international arbitrator, and legal practitioner, and is a member of the World Commission on Environmental Law. He was educated at the Universities of Sydney, Frankfurt, Mainz, and at Harvard Law School, and holds degrees in law, philosophy, and political science.
Stefan’s regional focus is on East and Southeast Asia and particularly China. His current research concentrates on the protection of cultural heritage; international law; human rights; sustainable development law and policy; environmental law; armed conflicts, regional security, and cooperation. Another major focus is on the illicit trafficking of cultural property, forgery, and other forms of art crime, their prevention and prosecution, and the restitution of illegally exported objects.
Courses taught at undergraduate and graduate levels include:
•Cultural Heritage and Environmental Law
•Foundations of Law
•Introduction to the Common Law System
•Legal Research
•Public International Law
•実験室のいきものたち －モデル生物、科学者、社会の共進化を学ぶ
Courses and tutorials taught at postgraduate level include:
•Heritage Law
•Human Rights and Asia
•International Environmental Law
•International Law and Australian Institutions
•Law of the Sea
•Legal Research Methodology
•Legal Writing
•Sustainable Development Law in Chinaedit
The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This book provides both a review of World Heritage policy at the global level and case studies from... more
The World Heritage community is currently adopting
policies to mainstream human rights as part of a wider sustainability agenda. This book provides both a review of World Heritage policy at the global level and case studies from Asia-Pacific (including Australia, South and Southeast Asia and China) of how human rights issues impact on both natural and cultural heritage sites and their management.
policies to mainstream human rights as part of a wider sustainability agenda. This book provides both a review of World Heritage policy at the global level and case studies from Asia-Pacific (including Australia, South and Southeast Asia and China) of how human rights issues impact on both natural and cultural heritage sites and their management.
Research Interests: International Relations, Southeast Asian Studies, Cultural Heritage, Heritage Studies, Human Rights, and 26 moreInternational organizations, Legal Anthropology, Governance, Australia, Malaysia, Philippines, China, Ethnic minorities, Indigenous Peoples Rights, Vietnam, Nepal, World Cultural Heritage, Environmental Law and Human Rights, World Heritage Centre, Human Rights and Legal Pluralism, Political and Legal Anthropology, Human Rights in Asia / ASEAN, Myanmar, Heritage (cultural/natural), Cultural Heritage and Human Rights, Natural Heritage, Human Rights/legal Anthropology, Critical Heritage Studies, Anthropology of Cultural Heritage, UNESCO world heritage, and Anthropology of International Law
This document introduces the outcomes of the first Cansiglio forest study retreat on the Belt and Road Initiative and Socio-Ecology, held in Vallorch (Italy) between September 16 and 18, 2019. The retreat was funded and organized by the... more
This document introduces the outcomes of the first Cansiglio forest study retreat on the Belt and Road Initiative and Socio-Ecology, held in Vallorch (Italy) between September 16 and 18, 2019. The retreat was funded and organized by the Marco Polo Centre (MaP) for Global Europe-Asia Connections, hosted by the Department of Asian and North African Studies at Ca' Foscari University Venice.
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The World Heritage Convention embraces the idea of a common cultural and natural heritage and acknowledges their similarities and equal importance to humankind. It seeks to establish a system of international co-operation and assistance... more
The World Heritage Convention embraces the idea of a common cultural and natural heritage and acknowledges their similarities and equal importance to humankind. It seeks to establish a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to identify and conserve that heritage. One of the key elements of this strategy is the establishment of the World Heritage List, on which may be inscribed cultural, natural, and mixed cultural and natural properties that meet the criteria of being of outstanding universal value. This chapter explores the process of inscription, the relevant duties of the States Parties, considerations of enforcement and compliance, the roles of the World Heritage Committee and its advisory bodies, protection mechanisms and international assistance, and the function of the List of World Heritage in Danger. It concludes with an outlook on current and future challenges.
This paper highlights the tension between China’s present cultural heritage conservation law and policy on the one hand and the promotion of human rights, particularly the rights to cultural heritage and cultural identity, on the other... more
This paper highlights the tension between China’s present cultural heritage conservation law and policy on the one hand and the promotion of human rights, particularly the rights to cultural heritage and cultural identity, on the other hand. It examines the links between the conservation of heritage and human rights in a legal and policy context and adopts the position that heritage protection and the concept of human rights are integrally linked. However, the chapter demonstrates that in current Chinese law and policy, these links are not adequately displayed—or are distinctly absent—to the detriment of many relevant stakeholders. In regard to cultural heritage, human rights are taken to include the rights of communities to identify, define, access, manage and control their heritage. The chapter is informed by the assumption that the recognition of the rights of people to their own cultural heritage and the provision for its adequate conservation contributes to the promotion of hum...
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... Cultural Heritage Sites Stefan Gruber This paper can be downloaded without charge from the Social Science Research Network Electronic Library at: http://ssrn.com/abstract=1352116. Page 2. ... SITES Stefan Gruber * Faculty of Law,... more
... Cultural Heritage Sites Stefan Gruber This paper can be downloaded without charge from the Social Science Research Network Electronic Library at: http://ssrn.com/abstract=1352116. Page 2. ... SITES Stefan Gruber * Faculty of Law, University of Sydney * Sydney Law School. ...
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This chapter traces the development and implementation of heritage law and policy in Australia since the 1970s, with a dual focus on World Heritage and the emergence of the rights of Indigenous and local communities to participate in... more
This chapter traces the development and implementation of heritage law and policy in Australia since the 1970s, with a dual focus on World Heritage and the emergence of the rights of Indigenous and local communities to participate in decisions relating to their heritage. In order to gain an understanding of the law and policy context in Australia, it first sets out the international frameworks in relation to heritage law and human rights law and then addresses the emergence of national legal responses at federal and state levels. It points out that Australia represents a patchwork of rights-based approaches with regard to World Heritage. Overall, there is now greater awareness of shortcomings in law and policy, partly as a result of the growing recognition of the importance of Aboriginal and Torres Strait Islander culture and heritage. However, while a good deal of progress has been made since the 1970s, with opportunities for participation in decision-making and management structur...
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Research Interests: Environmental Law, Climate Change, Human Rights Law, Human Rights, Climate Change Adaptation, and 15 moreAdaptation to Climate Change, Climate change policy, East Asia, Asia Pacific Region, Desertification, Forced Migration, Climate Change Adaptation And Mitigation Strategies, Impact of climate change on sea level rise, Climate Change and coastal zones, Climate Change Impacts, Climate Refugees, Climate Change and Food Security, Climate change adaptation measures, Climate Change in Developing Countries, and Climate Politics
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This paper highlights the tension between China’s present cultural heritage conservation law and policy on the one hand and the promotion of human rights, particularly the rights to cultural heritage and cultural identity, on the other... more
This paper highlights the tension between China’s present cultural heritage conservation law and policy on the one hand and the promotion of human rights, particularly the rights to cultural heritage and cultural identity, on the other hand. It examines the links between the conservation of heritage and human rights in a legal and policy context and adopts the position that heritage protection and the concept of human rights are integrally linked. However, the chapter demonstrates that in current Chinese law and policy, these links are not adequately displayed—or are distinctly absent—to the detriment of many relevant stakeholders. In regard to cultural heritage, human rights are taken to include the rights of communities to identify, define, access, manage and control their heritage. The chapter is informed by the assumption that the recognition of the rights of people to their own cultural heritage and the provision for its adequate conservation contributes to the promotion of human rights, both in China and in other parts of the world.
China is a particularly fascinating case study in this context as it features one of the world’s oldest continuing cultures while simultaneously experiencing rapid development, significant social change, and an ongoing disappearance of cultural heritage on an immense scale over the last decades. In view of these challenges, the Chinese government has undertaken enormous steps in recent years to promote the protection of some of the nation’s cultural heritage, although the focus in this regard appears to be rather on utilising cultural heritage as an economic source and promoting national unity and pride. As a consequence, China has become one of the countries with the highest number of heritage properties inscribed on the World Heritage List and the Intangible Heritage List. However, less prominent heritage assets are much less likely to be awarded adequate protection if they are not considered to be of sufficient economic or political value. Possible rights or interests of local stakeholders are regularly set aside. The tension between rights and cultural heritage protection in this context is illustrated by examples related to development and the intentional destruction of heritage, gentrification and inhabited heritage sites, and increases in cultural uniformity and loss of diversity.
China is a particularly fascinating case study in this context as it features one of the world’s oldest continuing cultures while simultaneously experiencing rapid development, significant social change, and an ongoing disappearance of cultural heritage on an immense scale over the last decades. In view of these challenges, the Chinese government has undertaken enormous steps in recent years to promote the protection of some of the nation’s cultural heritage, although the focus in this regard appears to be rather on utilising cultural heritage as an economic source and promoting national unity and pride. As a consequence, China has become one of the countries with the highest number of heritage properties inscribed on the World Heritage List and the Intangible Heritage List. However, less prominent heritage assets are much less likely to be awarded adequate protection if they are not considered to be of sufficient economic or political value. Possible rights or interests of local stakeholders are regularly set aside. The tension between rights and cultural heritage protection in this context is illustrated by examples related to development and the intentional destruction of heritage, gentrification and inhabited heritage sites, and increases in cultural uniformity and loss of diversity.
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The chapter discusses the urgent need to develop comprehensive legal responses to the displacement of people caused by the effects of climate change. Although vast numbers are expected to be displaced around the world, any international... more
The chapter discusses the urgent need to develop comprehensive legal responses to the displacement of people caused by the effects of climate change. Although vast numbers are expected to be displaced around the world, any international legal instrument does not specifically recognize their situation. The chapter emphasizes the devastating effects of such events on the human rights of those affected and stresses the need for international legal recognition of displaced people. The case studies discuss the effects of climate change on island communities, river deltas, and accelerated desertification and other soil degradation in the Asia-Pacific. Finding solutions, agreeing on binding legal instruments to grant protection, and sharing relevant responsibilities is crucial. The significant challenges of such an endeavour must not be underestimated, due to widely differing political interests within the international community as well as the complexity of the problems and their causes.
Research Interests: International Relations, Environmental Law, Climate Change, Human Rights Law, International Law, and 27 moreHuman Rights, Refugee Studies, Climate Change Adaptation, Adaptation to Climate Change, Climate change policy, Migration, International Human Rights Law, East Asia, South Asia, Asia Pacific Region, Desertification, Forced Migration, Migration Studies, Impacts Of Climatic Change On Agriculture, Climate Change Adaptation And Mitigation Strategies, International Refugee Law, Impact of climate change on sea level rise, International Environmental Law, Climate Change and coastal zones, Climate Change Impacts, Climate Refugees, Sea-Level Rise, Refugees and Forced Migration Studies, Climate Change and Food Security, Climate change adaptation measures, Climate Change in Developing Countries, and Climate Politics
This chapter provides an overview of the primary problems relating to the investigation, prosecution and prevention of existing forms of art crime in Asia, where looting and trafficking of regional artefacts have developed extensively in... more
This chapter provides an overview of the primary problems relating to the investigation, prosecution and prevention of existing forms of art crime in Asia, where looting and trafficking of regional artefacts have developed extensively in contemporary times. The sophisticated methods of looters and middlemen, the highly efficient smuggling networks which support them, and the involvement and resources of international art dealers collectively make the fight against art crime very difficult. Factors contributing to such circumstances, which include the rising margins on the international art market, the opening of borders, and increased trade throughout the region, are also considered. Globalisation, the simplified circulation of goods, and the diversity of political and legal systems in Asia are other aspects which add to the challenges facing cross-border regulation of the art trade and the tracking of cultural artefacts. The chapter also examines several long-term measures and issues which are relevant to the prevention of art crime in Asia. Cooperation between neighbouring countries and assistance by market and transit countries are of particular importance in this context. Measures discussed at the domestic level include enhanced training of relevant government officials, the judiciary, and other persons involved in the enforcement of related laws, raising awareness among local populations, penalties against looters, illicit art dealers, corrupt officials, and string-pullers, and enhanced moral and economic rewards offered to those who assist in the protection of cultural relics.
Research Interests: Asian Studies, Southeast Asian Studies, Cultural Heritage, Cambodia, East Asian Studies, and 8 moreChina, Asian law, Illicit Antiquities Trade, Protection of Cultural Heritage from Illicit Trafficking, Repatriation of Antiquities, Art Theft, Art Crime, Art Related Crime, Art Crime, Antiquities Looting, and Inernational Law
Looting and illicit trafficking of cultural artefacts pose major threats to Asia’s cultural heritage. This not only causes a continuing loss of cultural objects but also the destruction of large numbers of archaeological and historical... more
Looting and illicit trafficking of cultural artefacts pose major threats to Asia’s cultural heritage. This not only causes a continuing loss of cultural objects but also the destruction of large numbers of archaeological and historical sites as objects are often looted from tombs or cut off from larger pieces in order to obtain transportable parts for sale on the international art market. In addition, items are stolen from collections and museums or are trafficked in violation of export bans. This article explores the relevant international conventions dealing with the prevention of the illicit export of cultural artefacts and their repatriation, examines how those legal instruments are implemented in Asia and extended in bilateral agreements between market and source countries, and how particularly regional co-operation between Asian nations, international solidarity and assistance, and relevant domestic approaches can assist in improving the situation.
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China’s long cultural history is unique and extremely rich, with countless sites providing evidence of this. Apart from the well-known World Heritage Sites these include old suburbs, archaeological sites, monuments, cultural landscapes,... more
China’s long cultural history is unique and extremely rich, with countless sites providing evidence of this. Apart from the well-known World Heritage Sites these include old suburbs, archaeological sites, monuments, cultural landscapes, shipwrecks etc. In recent years, the Chinese government has rediscovered the great value of China’s cultural heritage and introduced numerous legislative acts for its protection. Since the introduction of the “Open Door Policy” of the 1970s significant progress has been made despite the need to completely redevelop China’s legal system after the Cultural Revolution. However, the increased efforts of China’s authorities in protecting China’s heritage are facing the consequences of the country’s rapid economic and social development. Old parts of cities are being replaced by modern housing areas, cultural landscapes are disappearing, and many heritage sites are being destroyed by construction projects or disrepair. Heritage protection agencies lack the necessary staff and funds to protect heritage sites from further destruction or from being looted by criminals who supply the illicit art market. This article argues that, in the face of rapid economic development exacting its toll on the remaining Chinese heritage sites, it is urgent to examine how these sites can be preserved and included into the development process without letting them stand in competition to it, as their loss would be a tragedy for all humankind.
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Climate change poses a severe threat to many cultural heritage sites. Threats include floods, increasing extreme weather events, desertification, deterioration of permafrost, and the decay of cultural landscapes. Protecting cultural... more
Climate change poses a severe threat to many cultural heritage sites. Threats include floods, increasing extreme weather events, desertification, deterioration of permafrost, and the decay of cultural landscapes. Protecting cultural heritage sites proves to be very difficult as they are very diverse. The key to successful mitigation is - in addition to reducing carbon emissions - to reduce stress from unsustainable activities, which may aggravate the negative impact of climate change. This paper argues that provisions from various areas of environmental law, such as heritage conservation law, pollution law, land use law, construction law, water law, environmental impact assessment law, and planning law, must be used in an integrated way with the aim of mitigating and adapting to the effects of climate change on heritage properties. Of particular importance in this context is the application of the precautionary principle when dealing with heritage sites.
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Poverty does not only cause environmental degradation, but it often also leads to a significant drain on the cultural wealth of societies. What cultural and natural heritage have in common is that they are non-renewable resources, and... more
Poverty does not only cause environmental degradation, but it often also leads to a significant drain on the cultural wealth of societies. What cultural and natural heritage have in common is that they are non-renewable resources, and many approaches and mechanisms for their protection are very similar. The effects and causes of poverty on cultural heritage sites are very diverse. They involve such things as a lack of funds and staff engaged in heritage protection, urbanization and gentrification, among others. Inhabited heritage sites are especially threatened by the effects of poverty. The aim of the chapter is to highlight those connections and to examine how provisions from different areas of law can assist in breaking this chain.