Author: Sarah Dromgoole
Publisher: BRILL
ISBN: 9047410459
Category : Law
Languages : en
Pages : 462
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Book Description
The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities ‘directed at’ them, such as treasure hunting, and by activities ‘incidentally affecting’ them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. While the prospects for this Convention remain uncertain, it will undoubtedly have a profound influence on national laws and practice in this field. This second collection of essays examines the present state of law, policy and practice in sixteen different jurisdictions around the world in light of the 2001 Convention. Among other things, the viewpoint of each jurisdiction in respect of the Convention is considered and the impact that the Convention is already having, and is likely to have in the future, is explored. Eight of the essays are entirely new, and several additional jurisdictions are covered (Finland, the Federated States of Micronesia, the Netherlands, New Zealand, and Norway). The other essays have been thoroughly updated and revised to take account of the Convention. The contributors come from a variety of backgrounds, but all have specialist knowledge and experience of their particular jurisdiction and a keen interest in the field.
Author: Elena Perez-Alvaro
Publisher: Routledge
ISBN: 0429885784
Category : History
Languages : en
Pages : 316
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Book Description
Underwater Cultural Heritage investigates cases of underwater cultural heritage, exploring ethical issues that have never been studied before. A vast cultural heritage lies beneath the sea, including the archaeological remains of more than three million vessels, as well as historic monuments and whole cities. In addition, climate change, population growth and current events around the world mean that new underwater cultural heritage is being created faster than ever before. It is, therefore, essential that the ethical issues related to the management of such heritage are considered now, especially as decisions made now will bestow the heritage with a value and will establish legal frameworks that could be used either to protect or harm underwater heritage in the future. Considering a range of challenges related to underwater cultural heritage - including preservation, management, use, sustainability, valuation, politics, identity, human rights, and intangible heritage - the book presents case studies that both illustrate the key ethical issues and also offer possible solutions to help navigate such challenges. The book will also explore the various legislative instruments protecting underwater cultural heritage and emphasise the importance of revising and updating legal frameworks, whilst also taking into account ethical concerns that may expose cultural heritage to more serious menaces. Underwater Cultural Heritage draws on case studies from around the globe and, as such, should be of great interest to academics, researchers and students working in heritage studies, archaeology, history, politics and sustainability. It should also be appealing to heritage practitioners and policymakers who want to learn more about the issues surrounding not only management of underwater cultural heritage but management of cultural heritage in general.
Author: David Freestone
Publisher: Martinus Nijhoff Publishers
ISBN: 9004245030
Category : Law
Languages : en
Pages : 230
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Book Description
The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea.
Author: Federico Lenzerini
Publisher: Bloomsbury Publishing
ISBN: 1782254706
Category : Law
Languages : en
Pages : 470
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Book Description
International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
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.
Author: Stuart Campbell
Publisher: Springer
ISBN: 331994102X
Category : Social Science
Languages : en
Pages : 174
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Book Description
Archaeological heritage legislation aims to ensure the best possible protection for the archaeological heritage, yet it remains the case that legislation can remain ineffective through other practical considerations. Some consideration may be legal or procedural, such as difficulties in enforcing legislation or in preventing crimes or damage or archaeological monuments. However other problems may be less obvious and harder to address, and require solutions which go much further than the simple application of the law. The aim of this volume is to address several issues surrounding the management of archaeological heritage comparing and contrasting which laws 'work' and which ones do not, and ignoring other issues which might effectively present the transplantation of an 'ideal system' to another country or political climate. Or the cultural attitudes which might prevent a law working in the legal system for which it was designed. The contributions are from various international jurisdictions and address a variety of subjects - from the protection of archaeological monuments to dealing with and controlling chance finds made by members of the public.
Author: David Attard
Publisher: OUP Oxford
ISBN: 0191509949
Category : Law
Languages : en
Pages : 883
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Book Description
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
Author: Eke Boesten
Publisher: T.M.C. Asser Press
ISBN: 9789067041478
Category : Law
Languages : en
Pages : 276
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Book Description
In this book the author focuses on the search for a global legal framework that covers activities affecting archaeological and/or historic valuable shipwrecks in waters beyond national jurisdiction. Three regimes are investigated as to their applicability: The Law of the Sea Convention 1982; the system of admiralty law as adapted to these particular circumstances and used by US courts; and the UNESCO Convention for the Protection of the Underwater Cultural Heritage. When analysing the relevant articles of the regimes, additional critical commentary is provided. This volume provides policy-makers, commercial explorers, archaeologists, scholars and students with an overview of the relevant, existing public international law as well as questions that need to be solved in order to regulate activities affecting archaeological and/or historic valuable shipwrecks. In addition, it may serve as a guide for the interpretation of the UNESCO Convention for the Protection of the Underwater Cultural Heritage.
Author: Sarah Dromgoole
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152733
Category : Law
Languages : en
Pages : 255
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Book Description
This volume comprises a collection of sixteen national perspectives on law, policy and practice in respect of the underwater cultural heritage, written in light of the UNESCO Convention 2001. The essays provide an up-to-date account of the current legal position in each jurisdiction, as well as considering the impact that the 2001 Convention is having, and is likely to have in the future. As well as being internationally recognised experts in the field, all the contributors have specialist knowledge and practical experience of their own particular jurisdictions.
Author: Sarah Dromgoole
Publisher: Cambridge University Press
ISBN: 052184231X
Category : History
Languages : en
Pages : 439
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Book Description
The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.
