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EN
The article discusses historical and social conditions of the establishment of the A.S.O. of June 16, 1976. The provisions o f the Convention have been compared to an earlier international American instrument (the Roerich Pact) as well as to present recommendations and opinions o f the UNESCO on the protection o f cultural values. The author points out a relatively broad scope o f the activities of the Convention of the A.S.O. covering both the protection and popularization of cultural attainments and distinguishing out five categories of the values as well as specifying time criterions for some of them. Legally purchased goods of foreign origin have also been included by the Convention into the artistic heritage of American nations. The fundamental part of the provisions of the Convention refers to the problem o f creating the measures that would make possible the protection o f cultural values in the time of peace. It also puts a number of duties on the Secretariat General o f the Organization of American States.
EN
The article describes legal solutions and organisational structures in the United States in the field of the protection of the cultural property. Legal foundations of the protection are found in numerous normative regulations. Still, of primary importance are laws of 1906, 1935, 1949 and 1966. Next to the laws and regulations at lower levels the United States have a reach treaty practice. Upon their initiative in 1935 the treaty was concluded on the protection of art and scientific institutions as well as monuments of history. After World War II representatives of the United States participating in the works of UNESCO contributed to the elaboration of two conventions (11970 and 1972) on international protection of cultural property. In 1970 America and Mexico signed a treaty on the finding and restoration of stolen archaeological, historic and cultural works, while in 1976 — a multilateral convention of states — members of OPA was adopted with the aim to protect archaeological, historic and art heritage of American nations. An important role in the system of protection determined by norms of the domestic and international law is played by governmental organisations: Advisory Council on Historic Preservation, National Park Service, Smithsonian Institution and National Trust for Historic Preservation representing a non-governmental sector. Within this system important functions are played by numerous American museums which have rich collections and specific rules of enriching their collections as well as interesting didactic initiatives. Although only an insignificant part of the state budget is allocated for the preservation of cultural property, problems of their protection bost a high standing in the United States. A further improvement of the system is aimed at increasing the effectiveness of the operation of legal instruments, a bigger responsibility of the Federal Government, state and local authorities for problems of preservation, tightening the links between state-owned and private sectors and finally a fuller interest of the public opinion in these problems.
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