State Immunity and Cultural Objects on Loan PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download State Immunity and Cultural Objects on Loan PDF full book. Access full book title State Immunity and Cultural Objects on Loan by Nout van Woudenberg. Download full books in PDF and EPUB format.
Author: Nout van Woudenberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217029
Category : Law
Languages : en
Pages : 508
Get Book Here
Book Description
This study examines whether there is any rule of (customary) international law stipulating that cultural objects belonging to foreign States that are on loan for temporary exhibition are immune from seizure, or whether such a rule is emerging.
Author: Nout van Woudenberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217029
Category : Law
Languages : en
Pages : 508
Get Book Here
Book Description
This study examines whether there is any rule of (customary) international law stipulating that cultural objects belonging to foreign States that are on loan for temporary exhibition are immune from seizure, or whether such a rule is emerging.
Author: Aernout van Woudenberg (jurist)
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Nout van Woudenberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217045
Category : Law
Languages : en
Pages : 509
Get Book Here
Book Description
This title examines whether there is any rule of (customary) international law stipluating that cultural objects are immune from seizure, or whether such a rule is emerging.
Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 019166975X
Category : Law
Languages : en
Pages : 692
Get Book Here
Book Description
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Author: Anne Marie Carstens
Publisher: Oxford University Press, USA
ISBN: 0198846290
Category : Law
Languages : en
Pages : 449
Get Book Here
Book Description
The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.
Author: Francesco Francioni
Publisher: Oxford University Press
ISBN: 0192603701
Category : Law
Languages : en
Pages : 1024
Get Book Here
Book Description
This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.
Author: James A.R. Nafziger
Publisher: BRILL
ISBN: 900434764X
Category : Law
Languages : en
Pages : 416
Get Book Here
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.
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Art and state
Languages : en
Pages : 16
Get Book Here
Book Description
Author: Alexander Orakhelashvili
Publisher: Edward Elgar Publishing
ISBN: 1783472189
Category : Law
Languages : en
Pages : 558
Get Book Here
Book Description
This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9004365346
Category : Law
Languages : en
Pages : 528
Get Book Here
Book Description
This volume offers a critical inquiry into the ever-evolving notion of cultural heritage and the way it has been made accessible, governed, and protected by the institutional, operational, and legal structures of the European Union.
