Cultural Heritage, Cultural Rights, Cultural Diversity

Cultural Heritage, Cultural Rights, Cultural Diversity

Author: Silvia Borelli

Publisher: Martinus Nijhoff Publishers

Published: 2012-07-05

Total Pages: 461

ISBN-13: 900422839X

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This volume 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.


Cultural Diversity, Heritage and Human Rights

Cultural Diversity, Heritage and Human Rights

Author: Michele Langfield

Publisher: Routledge

Published: 2009-12-04

Total Pages: 443

ISBN-13: 1135190690

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This theoretically innovative anthology investigates the problematic linkages between conserving cultural heritage, maintaining cultural diversity, defining and establishing cultural citizenship, and enforcing human rights. It is the first publication to address the notions of cultural diversity, cultural heritage and human rights in one volume. Heritage provides the basis of humanity’s rich cultural diversity. While there is a considerable literature dealing separately with cultural diversity, cultural heritage and human rights, this book is distinctive and has contemporary relevance in focusing on the intersection between the three concepts. Cultural Diversity, Heritage and Human Rights establishes a fresh approach that will interest students and practitioners alike and on which future work in the heritage field might proceed.


Cultural Rights in International Law

Cultural Rights in International Law

Author: Elsa Stamatopoulou

Publisher: BRILL

Published: 2007

Total Pages: 353

ISBN-13: 9004157522

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Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.


Negotiating Cultural Rights

Negotiating Cultural Rights

Author: Lucky Belder

Publisher: Edward Elgar Publishing

Published: 2017-10-27

Total Pages: 239

ISBN-13: 178643542X

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The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed provide a new universal standard on cultural rights with topics ranging from cultural diversity, cultural heritage, and the right to artistic freedom to the effects of today's intellectual property regimes. The international team of expert contributors to this book reflect upon the many aspects of cultural rights in the reports and present a discussion of how cultural rights support cultural diversity, foster intercultural dialogue, and contribute to inclusive social, economic and political development.


Cultural Human Rights

Cultural Human Rights

Author: Francesco Francioni

Publisher: BRILL

Published: 2008

Total Pages: 381

ISBN-13: 9004162941

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What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.


Cultural Rights as Collective Rights

Cultural Rights as Collective Rights

Author: Andrzej Jakubowski

Publisher: BRILL

Published: 2016-07-11

Total Pages: 400

ISBN-13: 9004312021

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Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.


Cultural Heritage, Cultural Rights, Cultural Diversity

Cultural Heritage, Cultural Rights, Cultural Diversity

Author: Silvia Borelli

Publisher:

Published: 2012

Total Pages: 440

ISBN-13: 9786613767219

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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 be.


Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law

Author: Anne-Marie Carstens

Publisher: Oxford University Press

Published: 2020-05-15

Total Pages: 392

ISBN-13: 0192585266

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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.


State Succession in Cultural Property

State Succession in Cultural Property

Author: Andrzej Jakubowski

Publisher: OUP Oxford

Published: 2015-06-04

Total Pages: 386

ISBN-13: 0191058009

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The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts.