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Author: Christa Roodt
Publisher: Edward Elgar Publishing
Published: 2015-04-30
Total Pages: 417
ISBN-13: 1781002169
DOWNLOAD EBOOKIn this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co
Author: James A. R. Nafziger
Publisher: Edward Elgar Publishing
Published: 2012
Total Pages: 0
ISBN-13: 9780857937452
DOWNLOAD EBOOKThis 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.
Author: Hui Zhong
Publisher: Routledge
Published: 2017-11-27
Total Pages: 192
ISBN-13: 1351605690
DOWNLOAD EBOOKChina is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
Author: Craig Forrest
Publisher: Routledge
Published: 2010
Total Pages: 482
ISBN-13: 0415467810
DOWNLOAD EBOOKSetting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.
Author: Francesco Francioni
Publisher: Oxford University Press, USA
Published: 2020
Total Pages: 1088
ISBN-13: 9780191892295
DOWNLOAD EBOOKThis handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Author: Barbara T. Hoffman
Publisher: Cambridge University Press
Published: 2006
Total Pages: 608
ISBN-13: 9780521857642
DOWNLOAD EBOOKArt and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.
Author: Sarah Dromgoole
Publisher: Cambridge University Press
Published: 2013-07-25
Total Pages: 439
ISBN-13: 052184231X
DOWNLOAD EBOOKThe first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.
Author: Anne-Marie Carstens
Publisher:
Published: 2020
Total Pages: 449
ISBN-13: 0198846290
DOWNLOAD EBOOKThe aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, and the law. Book jacket.
Author: Valentina Vadi
Publisher: Cambridge University Press
Published: 2014-03-13
Total Pages: 379
ISBN-13: 1107038480
DOWNLOAD EBOOKValentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Author: Ana Filipa Vrdoljak
Publisher: Cambridge University Press
Published: 2006-07-13
Total Pages: 29
ISBN-13: 0521841429
DOWNLOAD EBOOKWhile 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.
