Intersections In International Cultural Heritage Law

Author by : Anne Marie Carstens
Languange : en
Publisher by : Oxford University Press, USA
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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.


Enforcing International Cultural Heritage Law

Author by : Francesco Francioni
Languange : en
Publisher by : Oxford University Press
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Total Read : 54
Total Download : 344
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Description : Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.


The Oxford Handbook Of International Cultural Heritage Law

Author by : Francesco Francioni
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 610
File Size : 42,5 Mb
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Description : This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional and bilateral initiatives, including legal measures. Accordingly, the handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The book concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law, and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs


International Cultural Heritage Law

Author by : Janet Blake
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 38
Total Download : 883
File Size : 47,9 Mb
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Description : This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed.


The Settlement Of International Cultural Heritage Disputes

Author by : Alessandro Chechi
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 568
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Description : The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. 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 it fails, through existing dispute resolution means. This can result in similar cases being 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. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It 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. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.


International Cultural Heritage Law In Armed Conflict

Author by : Marina Lostal Becerril
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 291
File Size : 40,9 Mb
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Description : The field of cultural property protection in armed conflict is composed of many conventions but little law. This is because: (1) there is no single understanding of the concepts of "cultural property" or "protection"; (2) due to the principle of reciprocity, the more international an armed conflict is, the lower the chances that a treaty concerning cultural property will apply; and (3) no convention has yet devised a specific safeguarding regime for "cultural heritage", which refers to the most outstanding class of cultural objects. Legal scholarship often accepts this situation, or suggests adopting a new convention to solve the field's problems. However, attempting to counteract law's failure with more laws is a nonsensical exercise that would, in the long-run, worsen the current situation. This thesis rejects law-making as an alternative and argues in a new direction. It contends that it is already possible to identify a branch of international cultural heritage law (ICHL) underpinned by a set of specific principles and a systemic objective (telos). The cross-fertilisation of such principles and telos with those of IHL provides the rationale underlying the protection of cultural property in armed conflict. The thesis proposes to re-interpret this field in light of such rationale using the World Heritage Convention as its common legal denominator. Pursuant to the postulate of systemic integration and that of effet utile, the interplay between the World Heritage Convention and the 1954 Hague Convention, its 1999 Second Protocol, the 1977 Two Additional Protocols and customary international law is examined. Their interplay vests this field of law with a more consistent understanding of "cultural property" and "protection"; it affords a specific regime of protection to "cultural heritage"; and it ensures that, as a minimum, the obligations of the World Heritage Convention will apply in international armed conflicts.


International Heritage Law For Communities

Author by : Lucas Lixinski
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 50
Total Download : 207
File Size : 47,7 Mb
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Description : This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.


International Law And The Protection Of Cultural Heritage

Author by : Craig Forrest
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 390
File Size : 46,9 Mb
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Description : The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.


Intangible Cultural Heritage In International Law

Author by : Lucas Lixinski
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 104
File Size : 45,8 Mb
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Description : This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily on critiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies. Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities, defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars and practitioners when understanding how to safeguard intangible heritage.


Non State Actors In The Protection Of Cultural Heritage

Author by : Jihon Kim
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 321
File Size : 54,5 Mb
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Description : This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.


The 2003 Unesco Intangible Heritage Convention

Author by : Janet Blake
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 425
File Size : 47,9 Mb
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Description : This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage.


International Cultural Heritage Law In Armed Conflict

Author by : Marina Lostal
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 9
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Description : Based on author's thesis (doctoral - European University Institute, 2013).


Private International Law Art And Cultural Heritage

Author by : Christa Roodt
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 60
Total Download : 125
File Size : 42,9 Mb
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Description : In 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


Cultural Heritage Cultural Rights Cultural Diversity

Author by : Silvia Borelli
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 238
File Size : 47,9 Mb
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Description : 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.


Legalized Identities

Author by : Lucas Lixinski
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 464
File Size : 46,6 Mb
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Description : Cultural heritage is a feature of transitioning societies, from museums commemorating the end of a dictatorship to adding places like the Auschwitz-Birkenau concentration camp to the World Heritage List. These processes are governed by specific laws, and yet transitional justice discourses tend to ignore law's role, assuming that memory in transition emerges organically. This book debunks this assumption, showing how cultural heritage law is integral to what memory and cultural identity is possible in transition. Lixinski attempts to reengage with the original promise of transitional justice: to pragmatically advance societies towards a future where atrocities will no longer happen. The promise in the UNESCO Constitution of lasting peace through cultural understanding is possible through focusing on the intersection of cultural heritage law and transitional justice, as Lixinski shows in this ground-breaking book.


International Cultural Heritage Law

Author by : Janet Blake
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 408
File Size : 42,5 Mb
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Description : This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analysing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.


China Cultural Heritage And International Law

Author by : Hui Zhong
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 610
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Description : China 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


Cultural Heritage Law

Author by : James A. R. Nafziger
Languange : en
Publisher by : Edward Elgar Pub
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 222
File Size : 50,8 Mb
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Description : 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.


The Oxford Handbook Of International Cultural Heritage Law

Author by : Francesco Francioni
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 432
File Size : 40,6 Mb
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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.


Symposium

Author by : Ana Filipa Vrdoljak
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 508
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Description :


Handbook On The Law Of Cultural Heritage And International Trade

Author by : James A R Nafziger
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 282
File Size : 41,7 Mb
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Description : øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H


Culture And International Economic Law

Author by : Valentina Vadi
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 269
File Size : 49,6 Mb
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Description : Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.


Cultural Heritage In The European Union

Author by : Andrzej Jakubowski
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 235
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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.


Cultural Law

Author by : James A. R. Nafziger
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 69
Total Download : 335
File Size : 44,8 Mb
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Description : "A unique collection of materials and commentary on cultural law that demonstrates the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues"--Provided by publisher.


Research Handbook On Contemporary Intangible Cultural Heritage

Author by : Charlotte Waelde
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 595
File Size : 54,7 Mb
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Description : Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.


Intangible Cultural Heritage Under National And International Law

Author by : Marie Cornu
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 233
File Size : 40,9 Mb
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Description : This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage and highlight challenging concepts.


Military Necessity In International Cultural Heritage Law

Author by : Berenika Drazewska
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 243
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Description : It is now universally accepted that during armed conflicts, cultural property is entitled to a special status, which translates, inter alia, into a ban on its use for military purposes and a prohibition of acts of hostility against it as per the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954). However, this special status is weakened in the presence of a 'military necessity'; an elusive concept which equally limits the protected status of property of no cultural value. This raises questions whether in practice cultural property is at all given any special treatment during wars. This thesis argues that it is precisely the understanding of military necessity which constitutes the essential difference between the legal framework protecting 'regular' civilian property during armed conflicts and the framework for cultural property as lex specialis. Although the Convention's 1999 Second Protocol's definition of military necessity is formally only binding on half of the States participating in the Hague Convention, it corresponds to the customary criteria of necessity and proportionality. The evolutive character of that concept is also reflected in the case-law of international courts and in the military manuals of States not party to the Second Protocol. A narrow reading of military necessity in the cultural context is further supported by: the dynamic evolution of treaty and customary international law in the field; the rise of a new type of armed conflicts, which frequently feature cultural destruction as means of harming the enemy; the reinforcement of individual criminal responsibility for unlawful attacks against cultural property; the rise of erga omnes obligations, and, finally, analogies in the application of necessity in other fields of international law. If international practice continues to develop in this direction, the fundamental intention of the architects of the Hague Convention will be respected, and the world's cultural riches will have a better chance of escaping the greedy toll of wartime destruction and being preserved for the enjoyment of future generations.


Cultural Heritage And International Law

Author by : Evelyne Lagrange
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 788
File Size : 45,9 Mb
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Description : This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.


Art Cultural Heritage And The Market

Author by : Valentina Vadi
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 389
File Size : 45,6 Mb
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Description : In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.