Cultural Property Law and Restitution

Cultural Property Law and Restitution PDF Author: Irini A. Stamatoudi
Publisher: Edward Elgar Publishing
ISBN: 0857930303
Category : Political Science
Languages : en
Pages : 417

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Book Description
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.

Cultural Property Law and Restitution

Cultural Property Law and Restitution PDF Author: Irini A. Stamatoudi
Publisher: Edward Elgar Publishing
ISBN: 0857930303
Category : Political Science
Languages : en
Pages : 417

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Book Description
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.

Transcultural Diplomacy and International Law in Heritage Conservation

Transcultural Diplomacy and International Law in Heritage Conservation PDF Author: Olimpia Niglio
Publisher: Springer Nature
ISBN: 981160309X
Category : Social Science
Languages : en
Pages : 435

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Book Description
This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.

The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property

The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property PDF Author:
Publisher: Oxford University Press
ISBN: 0192662341
Category : Law
Languages : en
Pages : 945

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Book Description
The illicit traffic in cultural objects is a grave concern to the general public and international community. The resulting cultural damage fuels debates on how best to regulate the trade in cultural objects and inform legal responses at all levels for the protection of movable cultural heritage. Treaties concerning the treatment of cultural objects during peacetime and war represent some of the earliest multilateral initiatives on cultural heritage in the modern era. They also remain some of the most deeply contested, representing shifting fault lines within the international community. Authored by leading scholars and practitioners from around the world, this Commentary is the first to cover the two leading multilateral treaties on movable cultural heritage in one volume: the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by UNESCO in 1970 and the Convention on Stolen or Illegally Exported Cultural Objects adopted by UNIDROIT in 1995. This Commentary is designed to be the authoritative text for academics, lawyers, policymakers, and diplomats on the protection and regulation of cultural objects. Encompassing both public and private international law rules on the trade in cultural objects, it provides a detailed historical and thematic overview. Drawing on the travaux preparatoires and intergovernmental and state practice over the last half century, the Commentary provides an article-by-article analysis of the interpretation and application of these treaties. The texts 1970 UNESCO and 1995 UNIDROIT Conventions are examined in the working context of other culture conventions including the World Heritage Convention and the Intangible Heritage Convention, as well as related fields of international law, such as international humanitarian law, international criminal law, human rights law, and international economic law. The volume also offers a critical examination of current trends and future directions which are informing the field.

Cultural Property in Cross-Border Litigation

Cultural Property in Cross-Border Litigation PDF Author: Mara Wantuch-Thole
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110355779
Category : Law
Languages : en
Pages : 420

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Book Description
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.

Cultural Heritage and International Law

Cultural Heritage and International Law PDF Author: Evelyne Lagrange
Publisher: Springer
ISBN: 3319787896
Category : Law
Languages : en
Pages : 289

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Book Description
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.

The Protection of the Underwater Cultural Heritage

The Protection of the Underwater Cultural Heritage PDF Author: Sarah Dromgoole
Publisher: BRILL
ISBN: 9047410459
Category : Law
Languages : en
Pages : 462

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Book Description
The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities ‘directed at’ them, such as treasure hunting, and by activities ‘incidentally affecting’ them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. While the prospects for this Convention remain uncertain, it will undoubtedly have a profound influence on national laws and practice in this field. This second collection of essays examines the present state of law, policy and practice in sixteen different jurisdictions around the world in light of the 2001 Convention. Among other things, the viewpoint of each jurisdiction in respect of the Convention is considered and the impact that the Convention is already having, and is likely to have in the future, is explored. Eight of the essays are entirely new, and several additional jurisdictions are covered (Finland, the Federated States of Micronesia, the Netherlands, New Zealand, and Norway). The other essays have been thoroughly updated and revised to take account of the Convention. The contributors come from a variety of backgrounds, but all have specialist knowledge and experience of their particular jurisdiction and a keen interest in the field.

Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law PDF Author: Anne-Marie Carstens
Publisher: Oxford University Press
ISBN: 0192585258
Category : Law
Languages : en
Pages : 400

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Book Description
The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.

Artistic Freedom in International Law

Artistic Freedom in International Law PDF Author: Eleni Polymenopoulou
Publisher: Cambridge University Press
ISBN: 1108844200
Category : Art
Languages : en
Pages : 247

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Book Description
The book explores artistic freedom as a human right and the contemporary challenges for its protection under international law.

Revue de droit uniforme

Revue de droit uniforme PDF Author:
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 1112

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Book Description


The Return of Cultural Heritage to Latin America

The Return of Cultural Heritage to Latin America PDF Author: Pierre Losson
Publisher: Routledge
ISBN: 1000536939
Category : Art
Languages : en
Pages : 249

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Book Description
The Return of Cultural Heritage to Latin America takes a new approach to the question of returns and restitutions. It is the first publication to look at the domestic politics of claiming countries in order to understand who supports the claims and why. Drawing on analysis of articles published in national newspapers and archival documents and interviews with individuals involved in return claims, the book demonstrates that such claims are inherently political. Focusing on Colombia, Mexico, and Peru, the book analyses how return claims contribute to the strengthening of state-sponsored discourses on the nation; the policy formation process that leads to the formulation of return claims; and who the main actors of the claims are, including civil society individuals, experts, state authorities, and Indigenous communities. The book proposes explanations for why Latin American countries are interested in specific objects held in Western museums and why these claims have come to light over the past three decades. The Return of Cultural Heritage to Latin America argues that return claims ought to be the object of public debate, allowing contemporary societies to address the legacy of colonialism. The book will be essential reading for scholars and students engaged in the study of museums and heritage, political science, history, anthropology, cultural policy, and Latin America.