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

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:
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.

Frontiers of Cultural Heritage Law

Frontiers of Cultural Heritage Law PDF 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.

Cultural Heritage, Cultural Rights, Cultural Diversity

Cultural Heritage, Cultural Rights, Cultural Diversity PDF Author: Silvia Borelli
Publisher: Martinus Nijhoff Publishers
ISBN: 9004228381
Category : Law
Languages : en
Pages : 460

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Book Description
Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples as well with individual and collective human rights. Leading international scholars examine the new challenges determined by that evolution, reaching beyond only tangible artistic and monumental expression and paying particular attention to the linkages between cultural heritage, cultural diversity and human rights. As such, Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law offers a comprehensive and original overview of how the international approach to culture has evolved from a sovereignty-based idea of cultural property to a perception which emphasises the human dimension of cultural heritage.

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.

Private International Law, Art and Cultural Heritage

Private International Law, Art and Cultural Heritage PDF Author: Christa Roodt
Publisher: Edward Elgar Publishing
ISBN: 1781002169
Category : Law
Languages : en
Pages : 416

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Book Description
In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

Cultural Heritage Law

Cultural Heritage Law PDF Author:
Publisher:
ISBN: 9781784714260
Category :
Languages : en
Pages :

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Book Description


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 in International Economic Law

Cultural Heritage in International Economic Law PDF Author: Valentina Vadi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004347828
Category : Business & Economics
Languages : en
Pages : 525

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Book Description
In Cultural Heritage in International Economic Law, Valentina Vadi offers an account of how international economic law contributes to global cultural governance, analysing the promises and pitfalls of such contributions.

The Impact of Uniform Laws on the Protection of Cultural Heritage and the Preservation of Cultural Heritage in the 21st Century

The Impact of Uniform Laws on the Protection of Cultural Heritage and the Preservation of Cultural Heritage in the 21st Century PDF Author: Toshiyuki Kono
Publisher: BRILL
ISBN: 9004189912
Category : Law
Languages : en
Pages : 796

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Book Description
Providing an overview of seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries.