Cultural Heritage as a Legal Hybrid

Cultural Heritage as a Legal Hybrid PDF Author: Alicja Jagielska–Burduk
Publisher: Springer Nature
ISBN: 3031049462
Category : Law
Languages : en
Pages : 347

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Book Description
This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Cultural Heritage as a Legal Hybrid

Cultural Heritage as a Legal Hybrid PDF Author: Alicja Jagielska–Burduk
Publisher: Springer Nature
ISBN: 3031049462
Category : Law
Languages : en
Pages : 347

Get Book Here

Book Description
This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Legal Issues in Cultural Heritage Management

Legal Issues in Cultural Heritage Management PDF Author: Alicja Jagielska-Burduk
Publisher: PL Academic Research is
ISBN: 9783631670330
Category : Cultural policy
Languages : en
Pages : 0

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Book Description
Trusts, fideikomissum and foundations along with property and their legal potential are vital for cultural heritage management in the future. The economic model of cultural heritage should comply with changes in the legal system. The national perspective plays an important part in cultural heritage management in an international context.

Cultural Heritage in International Investment Law and Arbitration

Cultural Heritage in International Investment Law and Arbitration PDF Author: Valentina Vadi
Publisher: Cambridge University Press
ISBN: 1107038480
Category : Law
Languages : en
Pages : 379

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Book Description
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

Cultural Heritage as a Legal Hybrid

Cultural Heritage as a Legal Hybrid PDF Author: Alicja Jagielska-Burduk
Publisher:
ISBN: 9783031049477
Category :
Languages : en
Pages : 0

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Book Description
This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries' solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book's target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

A Research Agenda for Cultural Heritage Law

A Research Agenda for Cultural Heritage Law PDF 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.

Advanced Introduction to Cultural Heritage Law

Advanced Introduction to Cultural Heritage Law PDF 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.

Cultural Heritage Under Siege

Cultural Heritage Under Siege PDF Author: James Cuno
Publisher: Getty Publications
ISBN: 160606682X
Category : Political Science
Languages : en
Pages : 140

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Book Description
The fourth volume of the J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy series is the result of a multi-day discussion on the issue of cultural heritage under siege. It features an edited collection of papers and discussions by nineteen scholars and practitioners of different specialties in the field of cultural heritage. This paper, along with the other Occasional Papers, is free and downloadable online.

Law and Intangible Cultural Heritage in the City

Law and Intangible Cultural Heritage in the City PDF Author: Sara Ross
Publisher: Routledge
ISBN: 1000024504
Category : Art
Languages : en
Pages : 203

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Book Description
With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law PDF 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.

Underwater Cultural Heritage and International Law

Underwater Cultural Heritage and International Law PDF Author: Sarah Dromgoole
Publisher: Cambridge University Press
ISBN: 1107292190
Category : Law
Languages : en
Pages : 439

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Book Description
The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.