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Author: Evelien Campfens
Publisher:
ISBN: 9789462362505
Category : Cultural property
Languages : en
Pages : 304
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Book Description
Table of abbreviations -- 1 Introduction -- 2 Private title claims -- 3 The interstate model -- 4 Claims to nazi-looted art -- 5 Colonial looting and indigenous peoples' lost heritage -- 6 Cross-border trade and claims: a synthesis -- 7 Concluding observations -- Table of instruments -- Table of cases -- Selected bibliography -- Other resources -- Annex: original sources.
Author: Evelien Campfens
Publisher:
ISBN: 9789462362505
Category : Cultural property
Languages : en
Pages : 304
Get Book
Book Description
Table of abbreviations -- 1 Introduction -- 2 Private title claims -- 3 The interstate model -- 4 Claims to nazi-looted art -- 5 Colonial looting and indigenous peoples' lost heritage -- 6 Cross-border trade and claims: a synthesis -- 7 Concluding observations -- Table of instruments -- Table of cases -- Selected bibliography -- Other resources -- Annex: original sources.
Author: Mara Wantuch-Thole
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110355779
Category : Law
Languages : en
Pages : 420
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Book Description
This thesis comparatively investigates into thecross-border enforcementof claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms tosuccessfully implementthese rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.
Author: Zuozhen Liu
Publisher: Springer
ISBN: 9811005974
Category : Law
Languages : en
Pages : 179
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Book Description
This book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positive legal regimes, while the second part focuses on the philosphical, ethical, and cultural considerations regarding repatriation of cultural objects. Consisting of seven chapters and an introduction, it outlines the loss of Chinese cultural relics in modern history and the normative framework for the protection of cultural heritage. It presents case studies designed to assess the possibility of seeking legal remedies for restitution under contemporary legal regimes and examines the cultural and ethical issues underpinning the international conventions protecting cultural heritage and claims for the repatriation of cultural heritage. It also discusses issues of cultural identity, the right to cultural identity and heritage, multiculturalism, the politics of recognition, cosmopolitanism, the right to cultural heritage, and other related issues. The concluding chapter answers the two research questions and offers suggestions for future research.
Author: Mara Wantuch-Thole
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110386607
Category : Law
Languages : en
Pages : 420
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Book Description
This thesis comparatively investigates into thecross-border enforcementof claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms tosuccessfully implementthese rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.
Author: Norman Palmer
Publisher: Institute of Art and Law
ISBN: 9781903987360
Category : Cultural property
Languages : en
Pages : 0
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Book Description
This book provides a bird's eye view of contemporary issues in art claims and litigation. It outlines the legal machinery driving the cross-border movement of cultural objects and explores the questions that come to light when art travels globally. Along the way, the book explains the role of national legislation in the protection of cultural objects, and offers guidance on the drafting of art-related agreements. While the focus of this survey is on tangible art and other forms of cultural wealth, the book refers to intellectual property rights and their relationship with physical things. It enables art owners and administrators, along with the communities and governments to which they answer, to develop an understanding of the vast scope and variety of art disputes. Readers will also learn the need for prudence and foresight in any dealings in art. Art, Adventure and Advocacy clearly demonstrates, by use of examples, why it is preferable to take legal advice before the event than to suffer litigation and loss afterwards. [Subject: International Law, Art Law, Cultural Heritage Law, Antiquities Law, Intellectual Property Law]
Author: James Mather
Publisher: Bloomsbury Professional
ISBN: 9781526516169
Category : Law
Languages : en
Pages : 304
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Book Description
Many have talked of a 'new wave' of restitution claims prompted by the Sarr-Savoy report. This has been further enhanced by the announcement by the Open Society Foundation in November 2019 of $15 million of support for action to restore objects to Africa, including through litigation. A series of formal claims to European museums for the return of objects was reported in 2019. The sustained high level of public interest in the restitution debate, combined with the generally stubborn response of host nations, suggests that this pattern will continue. Cultural Restitution Claims: A Legal Handbook provides a concise and practical account of the international law relevant to cross-border claims for the restitution of cultural property. It covers both the supranational legal framework and the domestic legal position in a number of key jurisdictions, namely the UK, US, Switzerland, France, Germany, Italy, Spain and China, drawing on the expertise of practitioners in those jurisdictions. It also relates the present state of the law to the evolving political and ethical debate and engages in critical comparison of the position in different jurisdictions. The book serves as a practical resource for those asserting or responding to claims for the return of objects, whether in the context of formal litigation or otherwise, as well as for those with a professional or policy interest in the restitution debate.
Author: Lyndel V. Prott
Publisher: UNESCO
ISBN: 9231041282
Category : Business & Economics
Languages : en
Pages : 465
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Book Description
This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.
Author: Ana Filipa Vrdoljak
Publisher: Oxford University Press
ISBN: 0192846884
Category : Law
Languages : en
Pages : 945
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Book Description
Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.
Author: Lucas Lixinski
Publisher: Taylor & Francis
ISBN: 1003852262
Category : Art
Languages : en
Pages : 683
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Book Description
The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways. Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared. The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning.
Author: Amy Strecker
Publisher: BRILL
ISBN: 9004434011
Category : Law
Languages : en
Pages : 520
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Book Description
This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.
