Heritage Law In Australia
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| Author | : Ben Boer |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 356 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : |
Internationally, Australia has the most developed heritage jurisprudence because of the use of the World Heritage Convention in Federal and State disputes, and at the State and Territory level, the laws have achieved a rare consistency across the jurisdictions. Until now, however, there has been no comprehensive treatment of this subject. Heritage Law in Australia fills this gap. It is a clear and concise text that will be of use to anyone wanting a general overview of the development of heritage law in Australia. The text offers a systematic analysis of the range of natural and cultural heritage law by discussing heritage law not only by reference to a limited sets of Acts of the Australian Parliaments, the Heritage Acts, but as illustrating what is happening more generally in environmental law and regulation.
| Author | : Australian Government - Department of the Environment & Heritage - Environment Australia |
| Publisher | : |
| Total Pages | : 22 |
| Release | : 2002 |
| Genre | : Aboriginal Australian property |
| ISBN | : 9780642548429 |
Guidelines include purpose of indigenous heritage conservation and the consultation and negotiation process. Includes indigenous management checklist.
| Author | : James A.R. Nafziger |
| Publisher | : BRILL |
| Total Pages | : 416 |
| Release | : 2021-10-18 |
| Genre | : Law |
| ISBN | : 900434764X |
** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests. This book was awarded the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on a Practical or Technical Subject, in 2022.
| Author | : Lucas Lixinski |
| Publisher | : Oxford University Press |
| Total Pages | : 321 |
| Release | : 2019-05-30 |
| Genre | : Law |
| ISBN | : 0192581309 |
This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.
| 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.
| Author | : Janet E. Blake |
| Publisher | : |
| Total Pages | : 385 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0198723512 |
This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.
| Author | : Lucas Lixinski |
| Publisher | : OUP Oxford |
| Total Pages | : 295 |
| Release | : 2013-06-13 |
| Genre | : Law |
| ISBN | : 0199679509 |
Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.
| Author | : James A R Nafziger |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 663 |
| Release | : 2014-04-25 |
| Genre | : Political Science |
| ISBN | : 1781007349 |
øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H
| Author | : Paul Babie |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 354 |
| Release | : 2022-11-20 |
| Genre | : Religion |
| ISBN | : 9403513365 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Australia deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Australia. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
| Author | : Elisa Novic |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2016 |
| Genre | : History |
| ISBN | : 0198787162 |
Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
