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Author: Wayne Sandholtz
Publisher: Oxford University Press
ISBN: 0199725470
Category : Art
Languages : en
Pages : 351
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Book Description
For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.
Author: Wayne Sandholtz
Publisher: Oxford University Press
ISBN: 0199725470
Category : Art
Languages : en
Pages : 351
Get Book Here
Book Description
For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.
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.
Author: Friederike Baer
Publisher: Oxford University Press
ISBN: 0190249633
Category : History
Languages : en
Pages : 529
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Book Description
Between 1776 and 1783, Britain hired an estimated 30,000 German soldiers to fight in its war against the Americans. Collectively known as Hessians, they actually came from six German territories within the Holy Roman Empire. Over the course of the war, members of the German corps, including women and children, spent extended periods of time in locations as dispersed and varied as Canada in the North to West Florida and Cuba in the South. They shared in every significant British military triumph and defeat. Thousands died of disease, were killed in battle, were captured by the enemy, or deserted. Collectively, they recorded their experiences and observations of the war they fought in, the land they traversed, and the people they encountered in a large body of letters, diaries, and similar private and official records. Friederike Baer presents a study of Britain's war against the American rebels from the perspective of the German soldiers, a people uniquely positioned both in the midst of the war and at its margins. The book offers a ground-breaking reimagining of this watershed event in world history.
Author: Andrzej Jakubowski
Publisher: OUP Oxford
ISBN: 0191057991
Category : Law
Languages : en
Pages : 401
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Book Description
The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts.
Author: Sherry Hutt
Publisher: Routledge
ISBN: 1315415313
Category : Social Science
Languages : en
Pages : 370
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Book Description
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.
Author: Yuki Abe
Publisher: Routledge
ISBN: 0429770774
Category : Social Science
Languages : en
Pages : 344
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Book Description
NATO, an organisation brought together to function as an anti-communist alliance, faced existential questions after the unexpected collapse of the USSR at the beginning of the 1990s. Intervention in the conflict in Bosnia between 1992 and 1995 gave it a renewed sense of purpose and a redefining of its core mission. Abe argues that an impetus for this change was the norm dilemma that the conflict in Bosnia represented. On the one hand a state which oversaw the massacre of its civilians was in breach of international norms, but on the other hand intervention by outside states would breach the norms of sovereign integrity and non-use of force. NATO, as an international governance organisation, thus became a vehicle for avoiding this kind of dilemma. A detailed case study of NATO during the Bosnian war, this book explores how the differing views and preferences among the Western states on the intervention in Bosnia were reconciled as they agreed on the outline of NATO’s reform. It examines detailed decision-making processes in Britain, France, Germany and the USA. In particular Abe analyses why conflicting norms led to an emphasis on conflict prevention capacity, rather than simply on armed intervention capacity.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 716
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Book Description
Author: United Service Institution of India
Publisher:
ISBN:
Category : India
Languages : en
Pages : 1074
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Book Description
Author: Alice Goff
Publisher: University of Chicago Press
ISBN: 0226827100
Category : Art
Languages : en
Pages : 373
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Book Description
"This book tells the story of how Germans struggled to make art an autonomous instrument of social progress in the face of real-world challenges between 1790-1850. For philosophers such as Friedrich Schiller, a work of art was governed by its own laws and soared above trivial constraints; thus, a painting or sculpture could both model and stimulate the moral autonomy of its beholders. This "aesthetic education" (to be conducted in the newish institution of museums) would yield an "aesthetic state," born of the measured reason of its citizens rather than the fractious antagonisms of mobs and tyrants. But highbrows like Schiller failed to consider the tough realities facing art "on the ground." Not only were there no proper museums in the German states for presenting art to the public, the systematic looting of their art collections during the Napoleonic wars had thrown the very ontological status of art into serious question: What was a painted altarpiece supposed to be once it had been torn out of a Church and reinstalled in a secular space? How would a marble statue of a nude Apollo impact modern viewers-especially unmarried young ladies not used to such sights? And how could a stolen object symbolize freedom? As art works fell prey to the very violence they were supposed to transcend, social theorists began to wonder how art could deliver liberation if it could so quickly end up a spoil of war. Among the specimens considered are forty porphyry columns from the tomb of Charlemagne in Aachen; the Quadriga from the Brandenburg Gate in Berlin; the Laocoön group from Rome; a bronze medieval reliquary from Goslar; a Last Judgment from Danzig; and, last, but surely not least, the mummified body of an official from the Rhenish hamlet of Sinzig"--
Author: Mats Deland
Publisher: Routledge
ISBN: 135110442X
Category : History
Languages : en
Pages : 396
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Book Description
In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.
