Frontiers of Cultural Heritage Law

Frontiers of Cultural Heritage Law

Author: James A.R. Nafziger

Publisher: BRILL

Published: 2021-10-18

Total Pages: 416

ISBN-13: 900434764X

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** 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 in the European Union

Cultural Heritage in the European Union

Author: Andrzej Jakubowski

Publisher: BRILL

Published: 2019-05-15

Total Pages: 528

ISBN-13: 9004365346

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Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.


Cultural Heritage Law

Cultural Heritage Law

Author: James A. R. Nafziger

Publisher: Edward Elgar Publishing

Published: 2012

Total Pages: 0

ISBN-13: 9780857937452

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This comprehensive collection of leading articles spans a broad range of international legal issues related to both tangible cultural material - such as archaeological and indigenous objects, fine art, shipwrecks, and cultural sites - and intangible heritage such as traditional knowledge and genetic information. Specific topics include, among others, issues of definition and attribution, on-site protection of objects and sites, illegal trafficking and repatriation of objects, and protection of intangible heritage. Special attention is paid to applicable provisions of UNESCO treaties and other international instruments and to pertinent rules of private international law. A concluding section focuses on the resolution of cultural heritage disputes by litigation and alternative methods. Along with an introduction by Professor Nafziger, this authoritative volume will be immensely valuable to students and professionals alike.


Mythic Frontiers

Mythic Frontiers

Author: Daniel R. Maher

Publisher:

Published: 2018-12-30

Total Pages: 0

ISBN-13: 9780813064185

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"Maher explores the development of the Frontier Complex as he deconstructs the frontier myth in the context of manifest destiny, American exceptionalism, and white male privilege. A very significant contribution to our understanding of how and why heritage sites reinforce privilege."-- Frederick H. Smith, author of The Archaeology of Alcohol and Drinking "Peels back the layer of dime westerns and True Grit films to show how their mythologies are made material. You'll never experience a 'heritage site' the same way again."--Christine Bold, author of The Frontier Club: Popular Westerns and Cultural Power, 1880-1924 The history of the Wild West has long been fictionalized in novels, films, and television shows. Catering to these popular representations, towns across America have created tourist sites connecting such tales with historical monuments. Yet these attractions stray from known histories in favor of the embellished past visitors expect to see and serve to craft a cultural memory that reinforces contemporary ideologies. In Mythic Frontiers, Daniel Maher illustrates how aggrandized versions of the past, especially those of the "American frontier," have been used to turn a profit. These imagined historical sites have effectively silenced the violent, oppressive, colonizing forces of manifest destiny and elevated principal architects of it to mythic heights. Examining the frontier complex in Fort Smith, Arkansas--where visitors are greeted at a restored brothel and the reconstructed courtroom and gallows of "Hanging Judge" Isaac Parker feature prominently--Maher warns that creating a popular tourist narrative and disconnecting cultural heritage tourism from history minimizes the devastating consequences of imperialism, racism, and sexism and relegitimizes the privilege bestowed upon white men. A volume in the series Cultural Heritage Studies, edited by Paul A. Shackel


The Routledge Companion to Cultural Property

The Routledge Companion to Cultural Property

Author: Jane Anderson

Publisher: Routledge

Published: 2017-07-31

Total Pages: 702

ISBN-13: 1317278798

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The Routledge Companion to Cultural Property contains new contributions from scholars working at the cutting edge of cultural property studies, bringing together diverse academic and professional perspectives to develop a coherent overview of this field of enquiry. The global range of authors use international case studies to encourage a comparative understanding of how cultural property has emerged in different parts of the world and continues to frame vital issues of national sovereignty, the free market, international law, and cultural heritage. Sections explore how cultural property is scaled to the state and the market; cultural property as law; cultural property and cultural rights; and emerging forms of cultural property, from yoga to the national archive. By bringing together disciplinary perspectives from anthropology, archaeology, law, Indigenous studies, history, folklore studies, and policy, this volume facilitates fresh debate and broadens our understanding of this issue of growing importance. This comprehensive and coherent statement of cultural property issues will be of great interest to cultural sector professionals and policy makers, as well as students and academic researchers engaged with cultural property in a variety of disciplines.


Advanced Introduction to Cultural Heritage Law

Advanced Introduction to Cultural Heritage Law

Author: Lorenzo Casini

Publisher: Edward Elgar Publishing

Published: 2024-03-14

Total Pages: 171

ISBN-13: 1789900077

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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.


Research Handbook on Intellectual Property and Cultural Heritage

Research Handbook on Intellectual Property and Cultural Heritage

Author: Stamatoudi, Irini

Publisher: Edward Elgar Publishing

Published: 2022-07-21

Total Pages: 640

ISBN-13: 180037691X

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This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.


A Research Agenda for Cultural Heritage Law

A Research Agenda for Cultural Heritage Law

Author: Lucas Lixinski

Publisher: Edward Elgar Publishing

Published: 2024-08-06

Total Pages: 255

ISBN-13: 1035324423

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This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.


Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Author: Christoph Antons

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 421

ISBN-13: 9041127216

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Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.


Indigenous Cultural Heritage and Intellectual Property Rights

Indigenous Cultural Heritage and Intellectual Property Rights

Author: Jessica Christine Lai

Publisher: Springer Science & Business Media

Published: 2014-01-08

Total Pages: 342

ISBN-13: 331902955X

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Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.