Obrigações em tempos de paz dos Estados Partes das Convenções da Unesco para proteção internacional do patrimônio cultural

Abstract

Since the beginning of the process of protecting cultural heritage, at the multilateral international level within the United Nations (UN), to regulate the effects of armed conflicts, a large gap has been created in that same protection, however, in times of peace. This gap is about the effectiveness in fulfilling the obligations set forth in the United Nations Educational, Scientific and Cultural Organization (UNESCO) Conventions incorporated by the States into their domestic law system. By free consent and good faith, the States Parties were legally bound to the Conventions related to the protection of cultural heritage and do not fully comply with it, this characterizes the non-adherence in compliance with normative orders. To comply means when there is or is not compliance with existing rules in the international legal system. In this sense, this work intends to identify the obligations and enforcement mechanisms listed in the UNESCO Conventions related to the protection of cultural heritage, analyze the normative framework of obligations and enforcement mechanisms and, to contribute to broadening the existing enforcement mechanisms, other than through sanctions and judicialization, by defending a system of incentive and rewards through gamification to the engagement of the States Parties and the local community working together to carry out obligations.