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Author: James A.R. Nafziger
Publisher: BRILL
ISBN: 900434764X
Category : Law
Languages : en
Pages : 416
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Book Description
** 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: James A.R. Nafziger
Publisher: BRILL
ISBN: 900434764X
Category : Law
Languages : en
Pages : 416
Get Book Here
Book Description
** 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: 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: James A. R. Nafziger
Publisher: Edward Elgar Publishing
ISBN: 9780857937452
Category : Cultural property
Languages : en
Pages : 0
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Book Description
This comprehensive collection of leading articles spans a broad range of international legal issues related to both tangible cultural material - such as archaeological and indigenous objects, fine art, shipwrecks, and cultural sites - and intangible heritage such as traditional knowledge and genetic information. Specific topics include, among others, issues of definition and attribution, on-site protection of objects and sites, illegal trafficking and repatriation of objects, and protection of intangible heritage. Special attention is paid to applicable provisions of UNESCO treaties and other international instruments and to pertinent rules of private international law. A concluding section focuses on the resolution of cultural heritage disputes by litigation and alternative methods. Along with an introduction by Professor Nafziger, this authoritative volume will be immensely valuable to students and professionals alike.
Author: Stamatoudi, Irini
Publisher: Edward Elgar Publishing
ISBN: 180037691X
Category : Social Science
Languages : en
Pages : 640
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Book Description
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.
Author: Daniel R. Maher
Publisher:
ISBN: 9780813064185
Category : Culture and tourism
Languages : en
Pages : 0
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Book Description
"Maher explores the development of the Frontier Complex as he deconstructs the frontier myth in the context of manifest destiny, American exceptionalism, and white male privilege. A very significant contribution to our understanding of how and why heritage sites reinforce privilege."-- Frederick H. Smith, author of The Archaeology of Alcohol and Drinking "Peels back the layer of dime westerns and True Grit films to show how their mythologies are made material. You'll never experience a 'heritage site' the same way again."--Christine Bold, author of The Frontier Club: Popular Westerns and Cultural Power, 1880-1924 The history of the Wild West has long been fictionalized in novels, films, and television shows. Catering to these popular representations, towns across America have created tourist sites connecting such tales with historical monuments. Yet these attractions stray from known histories in favor of the embellished past visitors expect to see and serve to craft a cultural memory that reinforces contemporary ideologies. In Mythic Frontiers, Daniel Maher illustrates how aggrandized versions of the past, especially those of the "American frontier," have been used to turn a profit. These imagined historical sites have effectively silenced the violent, oppressive, colonizing forces of manifest destiny and elevated principal architects of it to mythic heights. Examining the frontier complex in Fort Smith, Arkansas--where visitors are greeted at a restored brothel and the reconstructed courtroom and gallows of "Hanging Judge" Isaac Parker feature prominently--Maher warns that creating a popular tourist narrative and disconnecting cultural heritage tourism from history minimizes the devastating consequences of imperialism, racism, and sexism and relegitimizes the privilege bestowed upon white men. A volume in the series Cultural Heritage Studies, edited by Paul A. Shackel
Author: Christoph Antons
Publisher: Kluwer Law International B.V.
ISBN: 9041127216
Category : Law
Languages : en
Pages : 421
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Book Description
Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.
Author: Lorenzo Casini
Publisher: Edward Elgar Publishing
ISBN: 1789900077
Category : Law
Languages : en
Pages : 171
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Book Description
Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.
Author: Lucas Lixinski
Publisher: Edward Elgar Publishing
ISBN: 1035324423
Category : Law
Languages : en
Pages : 255
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Book Description
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: Jessica Christine Lai
Publisher: Springer Science & Business Media
ISBN: 331902955X
Category : Law
Languages : en
Pages : 342
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Book Description
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: Diyana Sulaiman
Publisher: Taylor & Francis
ISBN: 1040022324
Category : Law
Languages : en
Pages : 245
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Book Description
The book examines whether the protection of Intangible Cultural Heritage (ICH) by Indonesia and Malaysia upheld the interests of the various communities from which the cultural heritage originates, and whether the laws recognise that cultural heritage is often shared with other states and communities. The legal classifications of various indigenous communities and the interpretations of ‘indigeneity’ in the two countries have presented problems in the context of ICH protection. The state is regarded as holding the intellectual property rights for some forms of ICH and this also posed problems in the implementation of the laws to protect the communities’ ICH. This book employs a community-based perspective and adopts a multidisciplinary approach in exploring questions of the rights to and benefits of heritage. This book will be useful for students, academics and policy makers with an interest in international law, heritage and intellectual property rights.
