3.1.2 The Architectural Heritage Protection Polici...
Through the development of key international heritage policies, the related terms have changed to adapt to the emergence of new conditions.At the same time, due to the differences in geographical location, cultural background, philosophy and lifestyle, the conservation policies of different countries possess obvious unique characteristics.These countries often also have different understandings of key terms.When local traditional conservation methods encounter international policies, the ability to form legislation that adapts to international principles while maintaining local characteristics is an important issue.This section focuses on an analysis of the different heritage preservation traditions utilized by different cultural backgrounds.
3.1.2.1 European Union
The two world wars have caused widespread damage and economic loss to European countries.The establishment of the European Union began to resolve disputes before they degenerated into conflict.The Council of Europe was established in 1949.Subsequently, the European Coal and Steel Community, the European Atomic Energy Community, and the European Economic Community were successively established.In 1965, these three communities were merged into the European Community.On November 1, 1993, the entry into force of the Maastricht Treaty marked the European Union was established, which includes several main institutions: The European Council, The European Commission, The European Parliament, The Court of Justice, The European Court of Auditors and European Central Bank[13].
On a different footing to these European Union institutions, The Council of Europe is a wider international organization.It has pioneered wide scale conservation of European cultural heritage.As early as the establishing of the European Commission, it began to formulate policies for the European cultural heritage.In 1954, the European Commission promulgated the European Cultural Convention in Paris to protect and encourage the development of European culture.In 1969, the European Conference of Ministers held in Brussels, responsible for the preservation and rehabilitation of the cultural heritage of monuments and sites.In 1975, the European Architectural Heritage Charter was announced in Amsterdam.Due to role played by pilgrim routes in the development of certain towns and in the creation of religious and secular institutions, in 1984, the Council of Europe published European Pilgrim Routes, which for the first time mentioned the ‘Cultural Route’ concept.In 2008, the 16th Congress of the ICOMOS passed the Charter on Cultural Routes.In 1985, European Convention for the Protection of the Architectural Heritage was issued, which further developed the details necessary for statutory protection procedures, conservation policies, participation and associations, training and European coordination of conservation policies among other initiatives.In 1986, the recommendation Protecting the Cultural Heritage Against Disasters pointed out the preventive preservation concept.Aware of the neglect to demolition or inappropriate transformation of the religious buildings which no longer fulfil their original function, in 1989, Redundant Religious Buildings resolution was published for taking effective measures to preserve redundant religious buildings and secure their appropriate future use.
After the European Union was established, Council of Europe issued the recommendation Europe, A Common Heritage campaign in 2001, to “rethink the objectives and benefits of the European cultural heritage and, through it, to define the Europe of today’s Europeans, as their own point of reference, redefining values, commitments and practice.”[14]In 2003, Tax Incentives for Cultural Heritage Conservation recommendation was issued for applying tax relief and fiscal encouragement relating to heritage protection and conservation on a country-bycountry basis.Due to the privatization of cultural heritage sites in order to lighten the burden of state responsibility, the Private Management of Cultural Property Recommendation was issued in 2005 to draw up guidelines on best practice for public-private partnerships, In the same year, the Council of Europe issued Framework Convention on the Value of Cultural Heritage for Society to emphasis the value and usage as a resource in a constantly evolving society.In 2008, recommendation for Crafts and Cultural Heritage Conservation Skill was published to develop the skills and expertise necessary for heritage conservation.In 2000, 2004 and 2013, European Landscape Convention was amended, which expresses a concern on how to achieve sustainable development based on a balanced and harmonious relationship between social needs, economic activity and the environment.
In 2018, the European Parliament and the Council of the European Union announced Decision on a European Year of Cultural Heritage and initiated a European Year of Cultural Heritage campaign to show “the wealth and diversity of European cultural heritage, highlight its role in creating a shared sense of identity and building Europe’s future.”[15]

Figure 3-2.Warsaw’s Historic Area after Second World War
Different cultures and situations have produced different policies.Although the international heritage policies were originally based on the development of European heritage, differences still exist.In some cases, the concept of protection activates concerning maintenance, restoration, preservation and conservation in European are different from the international policies that emphasizing the authentic principle.For these European architectural heritages that were seriously damaged after the Second World War, reconstruction was an inevitable trend (Fig.3-2).For example, the reconstruction of postwar Warsaw was partly depended on an urban landscape painter Bernardo Bellotto’s works that provided the crucial blueprints.His paintings perfectly reflected the architectural style and environment of Warsaw in the 18th century.These works were used to help transform the historic city from wreckage and rubble into a UNESCO World Heritage Site (Fig.3-3).This case makes international heritage organizations begin to reexamine and redefine the criteria of authenticity of international policy.

Figure 3-3.Bellotto’s Painting in Front of the Rebuilt Street(https://www.daowen.com)
3.1.2.2 United States
Although the United States has only about 240 years of history, it has however more than 160 years’ history of architectural heritage protection.The heritage protection theory and practice have developed maturely, and a large number of historic buildings, historic districts and city heritages have been preserved and utilized in various periods.In the architectural preservation history of the United States, the first initial moment was the protection of the Washington’s former residence in Mount Vernon.Although there were no relevant regulations at that time, people realized the historical significance of this kind of historic residence and refused to allow some businessmen to convert it into a club[16].
William Sumner Appleton, the American architectural heritage conservationist, founded the Society for the Preservation of New England Antiquities (SPNEA) in Boston in 1910, which was the largest architectural heritage conservation organization at the time and established the model for the protection of early American architectural heritage in the aspects of conservation concepts, methods, techniques, and management operations.[17]In the early 20th century, the rapid development of industrialization and urbanization in the United States led to the further development of the theory and practice of architectural heritage protection.In 1906, the United States government promulgated the Antiquities Act.This Act pointed out that prehistoric, historical and natural heritage were national monuments.The related protective principles and penalties were formulated.In 1926, the preservation project of Williamsburg for the first time extended the horizon of architectural heritage protection to the overall historic environment.In 1931, the promulgation of Charleston’s Historical Districting Law made Charleston the first historical region in the United States, and laid the foundation for the formation of the historical protection pattern.In 1935, the Federal Government passed the Historic Sites Act, establishing a national policy on how to use historical sites, architectural heritage and cultural relics.After the Second World War, the economy of the United States was prosperous.The federal government passed the Housing Act.With the urban renewal movement emerged, historic sites were cut off by the new road network, historic areas were eradicated with a large number of architectural heritages were destroyed.This man-made disaster for cultural heritage has spawned the most extensive and systematic preservation act in the history of the United States.In 1966, the federal government passed the National Historic Preservation Act, which established a registration system for national historic site.It for the first time provides a comprehensive system of protection for the state and local historical heritage.In 1973, the United States became a party to the Convention concerning the Protection of the World Cultural and Natural Heritage.Since then, the concept of national heritage protection has gradually been brought into line with international standards.The promulgation of the Convention of San Salvador in 1976 established a convention for the cooperation of various countries in the Americas to protect archaeological, historic and artistic heritage.At the same time, the taxation system of The Tax Reform Act of 1976 and The Economic Recovery Tax Act of 1981 used economic incentives to increase the enthusiasm of society for the reuse of architectural heritage.In 1987, ICOMOS held the eighth plenary session in Washington, passed The Washington Charter: Charter on the Conservation of Historic Towns and Urban Areas, which clearly defined the principles, goals, and methods of the historical towns and neighborhoods preservation.The San Antonio Declaration of 1996 discussed the authenticity of cultural heritage in the Americas.In 1999, A Preservation Charter for the Historic Town and Areas of the U.S.established four goals and 18 basic principles of protection.In 2005, West Virginia code Protection of Historic and Prehistoric Sites was promulgated, and rewards and penalties were instituted.In 2006, The National Historic Preservation Act was revised.[18]
In the specific provisions of the US heritage protection policies, the definition of terms for protection behavior is very different from international policies.For example, heritage ‘conservation’ is often used in European and international policy, which means all measures in the protection process.But ‘preservation’ is often adopted by the United States.According to The National historic preservation Act (2006 Amended), Preservation includes “identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities, or any combination of the foregoing activities.”[19]Compare with international policies, preservation in America has a very broad meaning, allowing wide applications by both public and private entities.
In addition, “Cultural Routes”, according to the ICOMOS Charter on Cultural Routes, should “reflect interactive movements of people as well as multidimensional, continuous, and reciprocal exchanges of goods, ideas, knowledge and values between peoples, countries, regions or continents over significant periods of time; reflect both in their tangible and intangible heritage; It must have integrated into a dynamic system the historic relations and cultural properties associated with its existence.”[20]Different from Cultural Routes in European and international policies, the United States pioneered the concept of ‘Heritage Corridor’.The emergence of this concept is closely related to the development of the Green Corridor in American.In order to improve the urban environment and integrate nature into the city, William H.Whyte proposed the concept of a green corridor in 1960s.In 1987, the green corridor was formally used as an official concept, and its concept was clarified.Government formally proposed the US Green Corridor Program and has now developed more than 600 green corridors.The green corridors involved in historical and cultural heritage are called heritage corridors which include a series of integrated protection sites, including natural, economic, historical and cultural heritages.
3.1.2.3 Japan
After the Meiji Revolution in Japan, a large number of Buddhist temples were destroyed.Realizing the threats to these historical and cultural heritage, the new government played more attention to ancient buildings preservation, and carried out a series of reform measures which included investigating and cataloging artworks and ancient artifacts.In 1871, government issued Decree for the Preservation of Ancient Artifacts, provide to inventory and compile a list for cultural properties.[21]However, due to the westernized policy intervention of the new Government, the protective activities were suspended.[22]Nationwide surveys of ancient temples and shrines were re-conducted during the 1880s.The buildings which had obvious historical features or aesthetic values were defined as national monuments.In 1897, Ancient Temples and Shrines Preservation Law was enacted, which was the first systematic heritage law, laid the foundation for today’s heritage preservation in Japan.[23]The destruction of historic sites by industrialization and modernization prompted the Japanese government to promulgate Historic Sites, Places of Scenic Beauty and Natural Monuments Preservation Law in 1919.In 1929, National Treasures Preservation Law was implemented.In this law, in addition to temples, ancient dwellings, public and private buildings, historic landscape and cities were also included in the protection category.In 1933, The Law Regarding the Preservation of Important Works of Fine Arts was issued, which provided for a simpler designation procedure and protection to prevent art objects from being exported.After the Second World War, the protection of architectural heritage became very difficult.At the same time, this dilemma also promoted the development of the heritage theories and legislations.In 1950, the government issued The Law for the Protection of Cultural Properties, which incorporated all previous laws, and determined the position of intangible cultural assets, as well as underground cultural assets.[24]Since then, “Cultural Property” has become a specific term in the Japanese cultural heritage field.After two revisions in 1954 and 1975, the categories of cultural properties, designation system, and techniques preservation system were basically established from this point.With the enactment of The Law for the Preservation of Ancient Capitals in 1966, historic districts were designated to be national cultural properties.Due to the limitations of the designation system, the Japanese government adopted a new class of Registered Cultural Properties meant.In 1996, government amended the Registered Cultural Properties.Since then, a large number of and historic industrial and residential buildings from the late Edo to the Shōwa period were registered under this system.[25]Since 2000, the Government has been focusing on the issue of multidisciplinary protection and revitalization of cultural property.In 2004, after the amendment of The Law for the protection of the cultural properties, the scope of Japanese cultural properties was extended to include works of fine arts and crafts, Tangible Cultural Properties and Tangible Folk Cultural Properties, and increased the concept of cultural landscapes as an entity.[26]
Markedly different from international heritage policies, Japan has a unique heritage protection concept.According to the Agency of Cultural Affairs within government, “Japan Heritage is not meant to create new regulations to add value to or preserve existing cultural properties.Its aim is to revitalize local communities by linking each story, region, and Cultural Property and utilizing and promoting them as collective spaces.”[27]In Japan, the terms of heritage in the past time used historic buildings and relic as their foundation.After the second world war, the artifacts that had been difinded as national cultural heritage was seriously destoryed.To recover the loss effectively, Japanese government adopted Cultural Property as the heritage term, allowing for the inclusion of not only physical property but intangible property.Until now, cultural property has remained the common term to describe heritage.However, according the definition in international heritage documents, cultural property is attributed to material objects, which cannot cover intangible cultural heritage.
In term of heritage protection activities, reconstruction is a special approach for ‘Sengu’ in Japan, used to protect its important architectural heritage shrine.The temple of the shrine is rebuilt every 20 years on planning derived from the prototype.There is an open space in the same size as the main palace, next to the shrine.In this prepared space, the new shrine is rebuilt.At the same time, the clothes, daily necessities and other treasures will be re-produced and then incorporated into the new building.After the reconstruction, the replacement building materials will be used in other shrines and facilities in Japan.
“Sengu” policy began in the second half of the seventh century, more than 1300 years ago.The reasoning behind this method is to maintain the cleanliness and dignity of the shrine, and relate it to the durable years of Shrine building.In addition, this activity also allows the structure to inherit the unique traditional craftsmanship.Till 1993, Ise Shrine had been rebuilt 61 times.