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Author: Great Britain: Department for Culture, Media and Sport
Publisher: The Stationery Office
ISBN: 9780101729826
Category : Business & Economics
Languages : en
Pages : 100
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Book Description
The aim of this Bill is to ensure the security of the nation's most important cultural property in the event of armed conflict, and further, that the UK takes the obligation under international humanitarian law to respect and safeguard the cultural property of other nations. The Bill is required to enable the UK to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague Convention) and accede to its two protocols (1954 and 1999). The Convention, adopted following the massive destruction which took place during the Second World War, provides a system to protect cultural property from the effects of international and domestic armed conflict. Parties to the Convention are required to respect cultural property situated within the territories of other parties by not attacking it, and respect cultural property within their own territory by not using it for the purposes which are likely to expose it to destruction or damage during armed conflict. The document sets out: a Draft Bill; Explanatory Notes and Regulatory Impact Assessment.
Author: Great Britain: Department for Culture, Media and Sport
Publisher: The Stationery Office
ISBN: 9780101729826
Category : Business & Economics
Languages : en
Pages : 100
Get Book Here
Book Description
The aim of this Bill is to ensure the security of the nation's most important cultural property in the event of armed conflict, and further, that the UK takes the obligation under international humanitarian law to respect and safeguard the cultural property of other nations. The Bill is required to enable the UK to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague Convention) and accede to its two protocols (1954 and 1999). The Convention, adopted following the massive destruction which took place during the Second World War, provides a system to protect cultural property from the effects of international and domestic armed conflict. Parties to the Convention are required to respect cultural property situated within the territories of other parties by not attacking it, and respect cultural property within their own territory by not using it for the purposes which are likely to expose it to destruction or damage during armed conflict. The document sets out: a Draft Bill; Explanatory Notes and Regulatory Impact Assessment.
Author: Kevin Chamberlain
Publisher:
ISBN: 9781903987315
Category : Convention for the Protection of Cultural Property in the Event of Armed Conflict
Languages : en
Pages : 0
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Book Description
"Since the publication of the first edition of War and Cultural Heritage in 2004 there have been a number of important developments. The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict has entered into force and there are now 64 States Parties. The Committee for the Protection of Cultural Property in the Event of Armed Conflict provided for under the Second Protocol has been set up and has adopted the Guidelines for the Implementation of the Second Protocol. Disbursements have been made from the Fund for the Protection of Cultural Property in the Event of Armed Conflict. In 2008 the United Kingdom published for public consultation the draft Cultural Property (Armed Conflicts) Bill, the legislation to enable the United Kingdom to become a Party to the 1954 Convention and its two Protocols and in 2009 the United States ratified the 1954 Hague Convention (but neither of its two Protocols). The time to publish a second edition of War and Cultural Heritage to take account of these and other developments is long overdue. The civil war in Syria has resulted in extensive destruction of that nation's cultural heritage. More recently in the conflict of Mali Islamist insurgents retreating from Timbuktu set fire to a library containing thousands of priceless historic manuscripts, described by the town's mayor as a 'devastating blow' to world heritage. These incidents demonstrate the need for all parties engaged in armed conflict to have regard to the rules of international law concerning the protection of cultural property. War and Cultural Heritage contains in a single volume an article-by-article commentary on the 1954 Hague Convention and its Two Protocols. The book also analyses other instruments of international humanitarian law relevant to the protection of cultural property. These include the 1949 Geneva Conventions and the 1977 Additional Protocols, which had a profound influence on the drafting of the 1954 Convention and the Second Protocol respectively. The book also examines the extent to which the provisions of the 1954 Convention and its Protocols are part of customary international humanitarian law. The book takes into account the latest developments regarding the international efforts to secure restitution of Holocaust-looted cultural property, including the work of the UK's Spoliation Advisory Panel"--Page 4 of cover
Author: Great Britain: Parliament: House of Commons: Culture, Media and Sport Committee
Publisher: The Stationery Office
ISBN: 9780215522177
Category : Political Science
Languages : en
Pages : 68
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Book Description
The draft Bill published as Cm. 7298 (ISBN 9780101729826)
Author: Valentina Vadi
Publisher: Springer Science & Business Media
ISBN: 3642450946
Category : Law
Languages : en
Pages : 351
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Book Description
In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.
Author: Whewell Professor of International Law and Fellow James Crawford
Publisher: Oxford University Press, USA
ISBN: 0199580391
Category : Law
Languages : en
Pages : 909
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Book Description
The 'British Year Book of International Law' is a key reference resource for academics and practising lawyers, providing up-to-date information on important developments in modern international law.
Author: Sherry Hutt
Publisher: Routledge
ISBN: 1315415356
Category : Social Science
Languages : en
Pages : 488
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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: Martin Dixon
Publisher: Bloomsbury Publishing
ISBN: 1847315496
Category : Law
Languages : en
Pages : 492
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Book Description
This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.
Author: Janet Ulph
Publisher: Bloomsbury Publishing
ISBN: 1509905456
Category : Law
Languages : en
Pages : 354
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Book Description
This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.
Author: Emma Cunliffe
Publisher: Boydell & Brewer
ISBN: 1783276665
Category : Convention for the Protection of Cultural Property in the Event of Armed Conflict
Languages : en
Pages : 311
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Book Description
Significant attention today focusses on heritage destruction, but the key international laws prohibiting it - the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its First and Second Protocols (1954/1999) - lay out two core strands to limit the damage: the measures of respect for armed forces, and the safeguarding measures states parties should put in place in peacetime. This volume incorporates wide-ranging international perspectives from those in the academy, together with practitioner insights from the armed forces and heritage professionals, to explore the safeguarding regime. Its contributors consider such questions as whether state parties have truly taken "all possible steps", as the Convention tasks them; what we can learn from past practice, and how the Convention is implemented today; the implications of new trends in heritage law and management - such as the rise of the World Heritage Convention, and in the increasing focus on safe havens rather than refuges; whether new methods of heritage management such as Risk Assessment theory can be applied; and, in a Convention specifically focussed on state parties, what of their opponents, armed non-state actors. Using a mix of case studies and theoretical explorations of new and existing methodologies, the contributions cover a broad timespan from World War II to today, with examples from Europe, the Middle East, and Africa. Overall, the volume's purpose is to promote wider understanding of the practical effectiveness of the Convention in the contemporary world, by investigating the perceived opportunities and constraints the Convention offers today to protect cultural property in armed conflict, and firmly establishing that such protection must begin in peace.
Author: Great Britain: Parliament: House of Commons: Culture, Media and Sport Committee
Publisher: The Stationery Office
ISBN: 9780215523402
Category : Business & Economics
Languages : en
Pages : 192
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Book Description
In April 2008, the Department for Culture, Media and Sport (DCMS) published a Draft Heritage Bill and the Government has indicated that the Bill will be in next year's legislative programme. The Bill is designed to unify heritage protection regimes, allow greater public involvement in decisions, and place heritage at the heart of the planning system. The Committee has undertaken pre-legislative scrutiny of the bill but this was undermined by the incomplete nature of the legislation. The Committee also felt that the Government must prioritise the revision of Planning policy guidelines (PPGs) 15 & 16 to ensure that the new guidance on planning policy can be implemented at the same time as the Bill. Further serious issues of concern included the accuracy of current cost estimates & impact assessment and sufficient staffing with the necessary skills, in particular conservation officers. The Committee was also not convinced that Heritage Partnership Agreements (HPAs), a new system of management agreements for owners of large estates, were a robust business option. Nor could any evidence be found that either DCMS or English Heritage had considered any amendments to the legislation which would improve the operation or effectiveness of the enforcement powers for local authorities.
