Author: Francesco Francioni
Publisher:
ISBN: 0199680248
Category : Law
Languages : en
Pages : 280
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Book Description
Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.
Author: Francesco Francioni
Publisher: OUP Oxford
ISBN: 0191669636
Category : Law
Languages : en
Pages : 1133
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Book Description
The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.
Author: Janet E. Blake
Publisher:
ISBN: 0198723512
Category : Law
Languages : en
Pages : 385
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Book Description
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
ISBN: 0199679509
Category : Law
Languages : en
Pages : 295
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Book Description
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: Francesco Francioni
Publisher: Oxford University Press, USA
ISBN: 9780191892295
Category : Cultural property
Languages : en
Pages : 1088
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Book Description
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: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391
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Book Description
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Author: Anne-Marie Carstens
Publisher:
ISBN: 0198846290
Category : Law
Languages : en
Pages : 449
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Book Description
The aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, and the law. Book jacket.
Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9004365346
Category : Law
Languages : en
Pages : 528
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Book Description
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
Author: Roger O'Keefe
Publisher: Cambridge University Press
ISBN: 1139460986
Category : Law
Languages : en
Pages : 32
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Book Description
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: 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.
