Architectural heritage in international law : a Maltese perspective

Abstract

Malta may be small in area, but can boast of an exceptionally rich heritage. Indeed, were it possible to quantify this heritage per capita or per square kilometre, our islands would definitely be very near to the top of such a list. Our heritage ranges from a number of important Neolithic temples through remains of Phoenician and Roman civilisations, rare examples of indigenous early Christian and medieval architecture, great complexes of Renaissance and Baroque development to fine nineteenth century examples of British military and civil architecture. The concentration of several epochs and cultures within a relatively small area is of great value to world culture. This concentration also brings with it however, massive problems of conservation, restoration and use; it constitutes an even more colossal headache for our economy. Prevention is better than cure. The passage of time, the elements, the use, all have had their toll on our heritage; what is definitely not necessary is the abuse. In the last century especially, architectural heritage has, in considerable instances, been at best neglected and at worst vandalised in the name of better living, commerce and more vehicular access. Protection, primarily of a legal nature, is imperative. This work is an attempt to put into perspective, domestic legislation that guards our architectural heritage from damage and mis-use, to analyse provisions enacted in same legislation and to raise awareness of sanctions contemplated. More important, it tries to highlight the international instruments on which this municipal legislation is modelled, and the international obligations which such laws reflect.