New heritage categories. The incidence of soft law in the recent reform of the Historical and Artistic Heritage Law of Argentina

• Autor(a) principal: Levrand, Norma Elizabeth
• Data de Publicação: 2021
• Outros Autores: Endere, María Luz
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/83260
• topic: Cultural heritage; Legislation; Soft law; Heritage categories; State administration; Patrimonio cultural; Legislación; Soft law; Categorías patrimoniales; Administración estatal; Patrimônio cultural; Legislação; Soft law; Categorias patrimoniais; Administração estatal

The need to modify the Argentine historical and artistic heritage law was a longstanding desire that crystallized in 2015. An interesting aspect of this reform is the incorporation of heritage categories and criteria that derive from International Charters and Documents (originated in ICOMOS and UNESCO) which constitute soft law standards. Although these types of rules are not binding on the States, their introduction in the modification of the law allows analyzing the characteristics assumed by the incidence of soft law in Argentine domestic law. Within this framework, the objective of this paper is to analyze the introduction of a set of soft law norms in the aforementioned law and discuss its impact from the conceptual point of view, as well as in the state management modality itself. The incorporation of new heritage categories and buffer areas, added to new routes of administrative action (which include the application of mechanisms in force at international level and the patrimonial activations) constitute eloquent examples of a paradigmatic change in the conceptualization of heritage, as well as the concretion of a more flexible and more autonomous route of action for the enforcement authority.