Cultural Property Law and Restitution
Cultural Property Law and Restitution

Author: Irini A. Stamatoudi

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 417

ISBN-13: 0857930303

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This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.

The Settlement of International Cultural Heritage Disputes
The Settlement of International Cultural Heritage Disputes

Author: Alessandro Chechi

Publisher:

Published: 2014

Total Pages: 385

ISBN-13: 0198703996

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The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported art objects. Another set of controversies has involved the protection of immovable cultural heritage. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may be settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.

Antiquities Under Siege
Antiquities Under Siege

Author: Lawrence Rothfield

Publisher: Rowman Altamira

Published: 2008

Total Pages: 358

ISBN-13: 9780759110991

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As Saddam Hussein's government fell in April 2003, news accounts detailed the pillage of Iraq's National Museum. Less dramatic, though far more devastating, was the subsequent looting at thousands of archaeological sites around the country, which continues on a massive scale to this day. This book details the disasters that have befallen Iraq's cultural heritage, analyzes why all efforts to protect it have failed, and identifies new mechanisms and strategies to prevent the mistakes of Iraq from being replicated in other war-torn regions.

State Succession in Cultural Property
State Succession in Cultural Property

Author: Andrzej Jakubowski

Publisher: OUP Oxford

Published: 2015-06-04

Total Pages: 401

ISBN-13: 0191057991

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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.

Utimut
Utimut

Author: Mille Gabriel

Publisher: IWGIA

Published: 2008

Total Pages: 217

ISBN-13: 8791563453

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This book identifies a need to move beyond discussions of ownership, power and control in favour of exploring new kinds of partnerships between museums and the peoples or countries of origin, partnerships based on equitability and reconciliation.

The Law of Armed Conflict and the Use of Force
The Law of Armed Conflict and the Use of Force

Author: Frauke Lachenmann

Publisher: Oxford University Press

Published: 2016-12-22

Total Pages: 2805

ISBN-13: 0191087572

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This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

Art and Cultural Heritage
Art and Cultural Heritage

Author: Barbara T. Hoffman

Publisher: Cambridge University Press

Published: 2006

Total Pages: 608

ISBN-13: 9780521857642

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This volume contains relevant and pressing issues in the law, policy, and the practice of art and cultural heritage protection.

International Law, Museums and the Return of Cultural Objects
International Law, Museums and the Return of Cultural Objects

Author: Ana Filipa Vrdoljak

Publisher: Cambridge University Press

Published: 2006-07-13

Total Pages: 29

ISBN-13: 0521841429

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While the question of the return of cultural objects is by no means a new one, it has become the subject of increasingly intense debate in recent years. This important book explores the removal and the return of cultural objects from occupied communities during the last two centuries and analyses the concurrent evolution of international cultural heritage law. The book focuses on the significant influence exerted by British, U.S. and Australian governments and museums on international law and museum policy in response to restitution claims. It shows that these claims, far from heralding the long-feared dissolution of museums and their collections, provide museums with a vital, new role in the process of self-determination and cultural identity. Compelling and thought-provoking throughout, this book is essential reading for archaeologists, international lawyers and all those involved in cultural resource management.

Artistic Freedom in International Law
Artistic Freedom in International Law

Author: Eleni Polymenopoulou

Publisher: Cambridge University Press

Published: 2023-04-13

Total Pages: 247

ISBN-13: 1108945244

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The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal arts, such as child pornography.