Prohibiting Plunder
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Author | : Wayne Sandholtz |
Publisher | : Oxford University Press |
Total Pages | : 352 |
Release | : 2007-12-31 |
Genre | : Art |
ISBN | : 0199725470 |
For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.
Author | : Leif Wenar |
Publisher | : Oxford University Press |
Total Pages | : 553 |
Release | : 2016 |
Genre | : Business & Economics |
ISBN | : 0190262923 |
In this sweeping book, one of today's leading political philosophers, Leif Wenar, goes behind the headlines in search of the hidden global rule that thwarts democracy and development-and that puts shoppers into business with some of today's most dangerous men.
Author | : Elizabeth Campbell |
Publisher | : Oxford University Press |
Total Pages | : 361 |
Release | : 2024-01-23 |
Genre | : Art |
ISBN | : 0190051981 |
Museum Worthy examines the history behind works of art that were looted in western Europe by the Nazis during the Second World War and never returned to their rightful owners, instead claimed by postwar governments of France, Belgium, and the Netherlands for display in museums, embassies, ministries, and other public buildings.
Author | : Zuozhen Liu |
Publisher | : Springer |
Total Pages | : 202 |
Release | : 2016-02-25 |
Genre | : Law |
ISBN | : 9811005974 |
This book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positive legal regimes, while the second part focuses on the philosphical, ethical, and cultural considerations regarding repatriation of cultural objects. Consisting of seven chapters and an introduction, it outlines the loss of Chinese cultural relics in modern history and the normative framework for the protection of cultural heritage. It presents case studies designed to assess the possibility of seeking legal remedies for restitution under contemporary legal regimes and examines the cultural and ethical issues underpinning the international conventions protecting cultural heritage and claims for the repatriation of cultural heritage. It also discusses issues of cultural identity, the right to cultural identity and heritage, multiculturalism, the politics of recognition, cosmopolitanism, the right to cultural heritage, and other related issues. The concluding chapter answers the two research questions and offers suggestions for future research.
Author | : Inge Van Hulle |
Publisher | : BRILL |
Total Pages | : 242 |
Release | : 2019-09-16 |
Genre | : Law |
ISBN | : 9004412085 |
International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period. Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline. Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.
Author | : John D. Winters |
Publisher | : LSU Press |
Total Pages | : 564 |
Release | : 1991-08-01 |
Genre | : History |
ISBN | : 9780807117255 |
This comprehensive history fills an important gap in the story of the Civil War. Too often the war waged west of the Mississippi River has been given short shrift by historians and scholars, who have tended to focus their attention on the great battles east of the river. This book looks in detail at the military operations that occurred in Louisiana—most of them minor skirmishes, but some of them battles and campaigns of major importance. The Civil War in Louisiana begins with the first talk of secession in the state and ends with the last tragic days of the war. John D. Winters describes with great fervor and detail such events as the fall of Confederate New Orleans and the burning of Alexandria. In addition to military action, Winters discusses the political, economic, and social aspects of the war in Louisiana. His accounts of battles and the men who waged them provide a fuller story of Louisiana in the Civil War than has ever before been told.
Author | : Alessandro Chechi |
Publisher | : OUP Oxford |
Total Pages | : 385 |
Release | : 2014-03-13 |
Genre | : Law |
ISBN | : 0191009083 |
The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.
Author | : Andrzej Jakubowski |
Publisher | : Oxford University Press, USA |
Total Pages | : 401 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198738064 |
Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, this book identifes guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states.
Author | : Sherry Hutt |
Publisher | : Left Coast Press |
Total Pages | : 285 |
Release | : 2010-06-15 |
Genre | : Law |
ISBN | : 1598744429 |
The yearbooks provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section accompany thorough updates in 8 practice areas: federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues.
Author | : Claire Oakes Finkelstein |
Publisher | : Oxford University Press |
Total Pages | : 497 |
Release | : 2022 |
Genre | : Law |
ISBN | : 0197610560 |
"Cultural heritage has become increasingly "conflict prone". Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by states and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. We have therefore progressed from seeing conflict-related destruction of cultural heritage just as a "cultural tragedy" to understanding it also as a "security issue." It is a shift from protecting cultural property from the harms of war for the sake of cultural property itself to viewing it as intricately connected to the broader peace and security agenda. Concerns about cultural heritage have migrated beyond the cultural sphere to sectors dealing with peace and security and dovetails with issue such the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen our understanding of this evolving nexus between cultural heritage and security in the twenty-first century. It offers a collection of chapters that aims to open new horizons for thinking about the relationship between cultural heritage, security, and international law. Coming from a variety of disciplines and perspectives, the chapters examine a complicated set of relationships between, on the one hand, deliberate violence to cultural heritage in times of conflict, and, on the other, basic societal values, legal principles, protection, and security concerns"--