Cultural Property In Cross Border Litigation
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| Author | : Mara Wantuch-Thole |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 366 |
| Release | : 2015-03-10 |
| Genre | : Law |
| ISBN | : 3110386607 |
This thesis comparatively investigates into the cross-border enforcement of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms to successfully implement these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.
| Author | : Evelyne Lagrange |
| Publisher | : Springer |
| Total Pages | : 289 |
| Release | : 2018-07-04 |
| Genre | : Law |
| ISBN | : 3319787896 |
This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.
| Author | : Francesco Francioni |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1088 |
| Release | : 2020 |
| Genre | : Cultural property |
| ISBN | : 9780191892295 |
This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
| Author | : Hui Zhong |
| Publisher | : Routledge |
| Total Pages | : 192 |
| Release | : 2017-11-27 |
| Genre | : Law |
| ISBN | : 1351605690 |
China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
| Author | : Roger O'Keefe |
| Publisher | : Cambridge University Press |
| Total Pages | : 32 |
| Release | : 2006-12-14 |
| Genre | : Law |
| ISBN | : 1139460986 |
Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.
| Author | : Holly Cullen |
| Publisher | : BRILL |
| Total Pages | : 407 |
| Release | : 2020-12-15 |
| Genre | : Law |
| ISBN | : 9004372490 |
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
| Author | : Boz, Zeynep |
| Publisher | : UNESCO Publishing |
| Total Pages | : 116 |
| Release | : 2018-12-31 |
| Genre | : |
| ISBN | : 9231002899 |
| Author | : Constantine Sandis |
| Publisher | : Open Book Publishers |
| Total Pages | : 230 |
| Release | : 2014-10-13 |
| Genre | : Art |
| ISBN | : 1783740671 |
Theory without practice is empty, practice without theory is blind, to adapt a phrase from Immanuel Kant. The sentiment could not be truer of cultural heritage ethics. This intra-disciplinary book bridges the gap between theory and practice by bringing together a stellar cast of academics, activists, consultants, journalists, lawyers, and museum practitioners, each contributing their own expertise to the wider debate of what cultural heritage means in the twenty-first century. Cultural Heritage Ethics provides cutting-edge arguments built on case studies of cultural heritage and its management in a range of geographical and cultural contexts. Moreover, the volume feels the pulse of the debate on heritage ethics by discussing timely issues such as access, acquisition, archaeological practice, curatorship, education, ethnology, historiography, integrity, legislation, memory, museum management, ownership, preservation, protection, public trust, restitution, human rights, stewardship, and tourism. This volume is neither a textbook nor a manifesto for any particular approach to heritage ethics, but a snapshot of different positions and approaches that will inspire both thought and action. Cultural Heritage Ethics provides invaluable reading for students and teachers of philosophy of archaeology, history and moral philosophy – and for anyone interested in the theory and practice of cultural preservation.
| Author | : Jessica Christine Lai |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 342 |
| Release | : 2014-01-08 |
| Genre | : Law |
| ISBN | : 331902955X |
Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
| Author | : Christoph Antons |
| Publisher | : Routledge |
| Total Pages | : 247 |
| Release | : 2017-12-06 |
| Genre | : Social Science |
| ISBN | : 1317500539 |
Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.
