Culture and International Law

Culture and International Law PDF Author: Hikmahanto Juwana
Publisher: CRC Press
ISBN: 0429759762
Category : Technology & Engineering
Languages : en
Pages : 488

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Book Description
In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.

Culture and International Law

Culture and International Law PDF Author: Hikmahanto Juwana
Publisher: CRC Press
ISBN: 0429759762
Category : Technology & Engineering
Languages : en
Pages : 488

Get Book Here

Book Description
In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.

Cultural Rights in International Law

Cultural Rights in International Law PDF Author: Elsa Stamatopoulou
Publisher: BRILL
ISBN: 9004157522
Category : Law
Languages : en
Pages : 353

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Book Description
Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.

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.

Culture and International Economic Law

Culture and International Economic Law PDF Author: Valentina Vadi
Publisher: Routledge
ISBN: 1317910753
Category : Law
Languages : en
Pages : 307

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Book Description
Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Cultural Rights in International Law and Discourse

Cultural Rights in International Law and Discourse PDF Author: Stephenson Chow
Publisher: BRILL
ISBN: 9004328580
Category : Law
Languages : en
Pages : 302

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Book Description
Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.

The Concept of Cultural Genocide

The Concept of Cultural Genocide PDF Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 0198787162
Category : History
Languages : en
Pages : 289

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Book Description
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.

Cultural Rights as Collective Rights

Cultural Rights as Collective Rights PDF Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9004312021
Category : Law
Languages : en
Pages : 400

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Book Description
Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.

Chinese Contemporary Perspectives on International Law

Chinese Contemporary Perspectives on International Law PDF Author: Xue Hanqin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236139
Category : Law
Languages : en
Pages : 289

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Book Description
Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

Cultural Diversity in International Law

Cultural Diversity in International Law PDF Author: Lilian Richieri Hanania
Publisher: Routledge
ISBN: 1134454813
Category : Business & Economics
Languages : en
Pages : 341

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Book Description
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

Culture and International Law

Culture and International Law PDF Author: Paul Meerts
Publisher: Hague Academic Press
ISBN: 9789067046817
Category : Law
Languages : en
Pages : 0

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Book Description
How do different cultures deal with international law and how does International Law influence the rules and regulations of these cultures? Is International Law an effective tool in protecting cultural heritage, especially in wartime? Does it protect the heritage of cultures in a balanced way? And first of all: what is culture, what is International Law? These important questions were dealt with at the Fourth Conference From Peace to Justice of the Hague Academic Coalition (HAC), which was held in April 2007 in The Hague, The Netherlands. Valuable views, from different angles and perceptions, were presented and discussed. This book is the fruitful result of this Conference, presenting valuable insights, opinions and conclusions of the participants in the subject matter. It will trigger an international debate and search for clarity on these issues. Anyone interested or in any way involved in the harmonization of culture and international law is invited to join the debate, thus contributing to the realization of another important step on the road from peace to security. Paul Meerts is an advisor to the Director of the Netherlands Institute of International Relations ‘Clingendael’ in The Hague and Professor in Diplomatic Negotiation.