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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: Janet E. Blake
Publisher:
ISBN: 0198723512
Category : Law
Languages : en
Pages : 385
Get Book Here
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: 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.
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: Craig Forrest
Publisher: Routledge
ISBN: 0415467810
Category : Art
Languages : en
Pages : 482
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Book Description
Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.
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: 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: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391
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Book Description
This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances. Drazewska’s Military Necessity in International Cultural Heritage Law engages a significant issue in this rapidly evolving field of international law, the inclusion of necessity in regulation of the protection of cultural heritage during armed conflict after 1945. Its very inclusion was viewed as a major concession, which is only multiplied because of the difficulties of its application on the ground. This thorny issue has come to the fore again with large-scale cultural losses inflicted during recent armed conflicts. Elegantly written and scholarly in its approach, this book places this question and possible answers to it within the broader sweep of international law and recent developments not only in international humanitarian law, but state responsibility, international criminal law and international criminal law. It offers a significant and timely reexamination and reconceptualization of this important topic. Prof. Ana Filipa Vrdoljak (UNESCO Chair in International Law & Cultural Heritage, Faculty of Law, University of Technology, Sydney)
Author: Marina Lostal
Publisher: Cambridge University Press
ISBN: 1107169216
Category : Law
Languages : en
Pages : 217
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Book Description
Using contemporary case studies, this book offers a novel legal perspective on the protection of cultural heritage during war.
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: Alessandro Chechi
Publisher:
ISBN: 0198703996
Category : Law
Languages : en
Pages : 385
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Book Description
The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported art objects. Another set of controversies has involved the protection of immovable cultural heritage. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may be settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.
