Cultural Heritage as a Legal Hybrid

Cultural Heritage as a Legal Hybrid
Author: Alicja Jagielska–Burduk
Publisher: Springer Nature
Total Pages: 347
Release: 2022-07-19
Genre: Law
ISBN: 3031049462

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Legal Issues in Cultural Heritage Management

Legal Issues in Cultural Heritage Management
Author: Alicja Jagielska-Burduk
Publisher: PL Academic Research is
Total Pages: 0
Release: 2016
Genre: Cultural policy
ISBN: 9783631670330

Trusts, fideikomissum and foundations along with property and their legal potential are vital for cultural heritage management in the future. The economic model of cultural heritage should comply with changes in the legal system. The national perspective plays an important part in cultural heritage management in an international context.

Cultural Heritage as a Legal Hybrid

Cultural Heritage as a Legal Hybrid
Author: Alicja Jagielska-Burduk
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9783031049477

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries' solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book's target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

A Research Agenda for Cultural Heritage Law

A Research Agenda for Cultural Heritage Law
Author: Lucas Lixinski
Publisher: Edward Elgar Publishing
Total Pages: 255
Release: 2024-08-06
Genre: Law
ISBN: 1035324423

This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.

Advanced Introduction to Cultural Heritage Law

Advanced Introduction to Cultural Heritage Law
Author: Lorenzo Casini
Publisher: Edward Elgar Publishing
Total Pages: 171
Release: 2024-03-14
Genre: Law
ISBN: 1789900077

Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.

Cultural Heritage Under Siege

Cultural Heritage Under Siege
Author: James Cuno
Publisher: Getty Publications
Total Pages: 135
Release: 2020-09-08
Genre: Political Science
ISBN: 160606682X

The fourth volume of the J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy series is the result of a multi-day discussion on the issue of cultural heritage under siege. It features an edited collection of papers and discussions by nineteen scholars and practitioners of different specialties in the field of cultural heritage. This paper, along with the other Occasional Papers, is free and downloadable online.

Law and Intangible Cultural Heritage in the City

Law and Intangible Cultural Heritage in the City
Author: Sara Ross
Publisher: Routledge
Total Pages: 203
Release: 2019-06-20
Genre: Art
ISBN: 1000024504

With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.

Underwater Cultural Heritage and International Law

Underwater Cultural Heritage and International Law
Author: Sarah Dromgoole
Publisher: Cambridge University Press
Total Pages: 439
Release: 2013-07-25
Genre: Law
ISBN: 1107292190

The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.

Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law
Author: Anne-Marie Carstens
Publisher:
Total Pages: 449
Release: 2020
Genre: Law
ISBN: 0198846290

The aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, and the law. Book jacket.