State Succession In Cultural Property

Author by : Andrzej Jakubowski
Languange : en
Publisher by : OUP Oxford
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Description : 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.


The Effects Of State Succession On Cultural Property

Author by : Andrzej Jakubowski
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 71
Total Download : 657
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Description : The purpose of this study was to investigate the legal effects of state succession on cultural property. This is not a new topic of international law. Indeed, the attempts to provide a legal framework for the cultural aspects of state succession have been undertaken in international practice and legal scholarship since at least the mid-nineteenth century. Initially, these were strictly bound to the origin of the European nation-state, determining its territorial boundaries accordingly to ethnic and cultural divisions. However, the concept of cultural property in international law has evolved towards a broader, more human-oriented idea of cultural heritage. Such a conceptual shift has occurred in the last fifty years, marked by the gradual recognition of the fundamental role performed by cultural manifestations in the preservation of human dignity and the continuous development of all mankind. This study discusses to what extent the practice and the theory of state succession reflect this evolution. It attempts to reconstruct the principles regulating interstate arrangements with regard to such matters, contextualizing them in a broad historical and geographical framework. Particular attention has been paid to the question of state succession to international cultural heritage obligations. This piece of work explores their content, sources and status in state succession. It explains that nowadays the preservation and enjoyment of cultural heritage do not constitute the exclusive concern of state sovereignty. On the contrary, such values are of general interest to the international community as a whole. Therefore, the study advocates a new doctrinal approach, based both on the principles of international cultural heritage law and human rights law. This implies the limitation of the contractual freedom of states in the matter of cultural agreements, in favour of the continuity of international cultural heritage obligations in cases of state succession. Finally, the study proposes a list of guiding principles relating to the succession of states in respect of tangible cultural heritage, which may contribute to the further development of international practice.


State Succession In Cultural Property

Author by : Andrzej Jakubowski
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 663
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Description : This volume explains the legal effects of state succession on cultural property. It discusses to what extent the practice and the theory of state succession reflect the evolution of the idea of cultural heritage in international law. It attempts to reconstruct the principles regulating interstate arrangements, contextualising them within a broad historical and geographical framework.


Cultural Heritage Cultural Rights Cultural Diversity

Author by : Silvia Borelli
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 666
File Size : 44,7 Mb
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Description : 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 between cultural heritage, cultural diversity and human rights. As such, Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law offers a comprehensive and original overview of how the international approach to culture has evolved from a sovereignty-based idea of cultural property to a perception which emphasises the human dimension of cultural heritage.


Cultural Rights As Collective Rights

Author by : Andrzej Jakubowski
Languange : en
Publisher by : Studies in Intercultural Human
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 970
File Size : 45,9 Mb
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Description : Cultural Rights as Collective Rightsoffers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.


State Succession To International Responsibility

Author by : Patrick Dumberry
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 71
Total Download : 295
File Size : 46,7 Mb
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Description : This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.


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 : 13
Total Download : 504
File Size : 45,9 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.


Heritage Culture And Rights

Author by : Andrea Durbach
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 86
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Description : Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world. 'This book fills an important gap in the literature on heritage and rights and, in particular, human rights law. With articles from leading experts addressing the legal human rights dimensions of cultural heritage protection, it makes a significant contribution to debates over issues such as 'Why should we safeguard heritage and for whom?' and 'What is the relationship between heritage safeguarding and protecting human rights?'. These are deep questions of profound significance to individuals, communities and even nations around the world and are of increasing urgency today. It critically analyses the relationship between heritage and human rights that can be potentially pernicious as well as mutually reinforcing, placing this analysis within the wider context and with a broad geographical scope with examinations of the heritage/rights relationship in Southeast Asia (Cambodia), China and sub-Saharan Africa.' Dr Janet Blake, Associate Professor in Law, Shahid Beheshti University, Tehran 'Traversing the destruction of mausoleums in Timbuktu to war crimes trial by the International Criminal Court, Heritage, Culture and Rights explores the crucial links between human rights and the protection of cultural heritage. The essays are accessible to all viewing the destruction of cultural heritage as a breach of human dignity and identity. Unputdownable.' Professor Gillian Triggs, President of the Australian Human Rights Commission 'This collection of essays by leading scholars, though primarily Australian in origin, is universal in orientation. Ranging from a broad survey of the applicable laws of armed conflict to a detailed consideration of urban design in Southeast Asia, the essays offer significant insights into the relationship between the protection and use of cultural heritage, on one hand, and fundamental human rights, on the other. Ultimately, the mutual reinforcement of the two disciplines of law prevails over carefully-acknowledged tensions between them. Readers at all levels of expertise will find the book of great interest.' Professor James Nafziger,Thomas B Stoel Professor of Law and Director of International Programs at the Willamette University College of Law


Cultural Property In Cross Border Litigation

Author by : Mara Wantuch-Thole
Languange : en
Publisher by : Walter de Gruyter GmbH & Co KG
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 916
File Size : 40,9 Mb
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Description : This thesis comparatively investigates into thecross-border enforcementof claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms tosuccessfully implementthese rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.


Intersections In International Cultural Heritage Law

Author by : Anne-Marie Carstens
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 996
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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
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 542
File Size : 51,7 Mb
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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.


Cultural Heritage Issues

Author by : James A.R. Nafziger
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 47
Total Download : 459
File Size : 52,5 Mb
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Description : The global community, dependent as always on the cooperation of nation states, is gradually learning to address the serious threats to the cultural heritage of our disparate but shared civilizations. The legacy of conquest, colonialization, and commerce looms large in defining and explaining these threats. The essays contained in this challenging volume are based on papers presented at an international conference on cultural heritage issues that took place at Willamette University. The conference sought to generate fresh ideas about these cultural heritage issues; offer a good sense of their nuances and complexities; and reveal how culture, law, and ethics can interact, complement, diverge, and contradict one another.


International Law

Author by : Malcolm N. Shaw
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 883
File Size : 43,5 Mb
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Description : An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.


The Scottish Independence Referendum

Author by : Aileen McHarg
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 69
Total Download : 501
File Size : 50,7 Mb
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Description : The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.


Ruling Culture

Author by : Fiona Greenland
Languange : en
Publisher by : University of Chicago Press
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 165
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Description : Introduction: the world's greatest cultural power -- Art squad agonistes -- The American price -- Distributing sovereignty : from fascism to the art squad -- Tomb robbers and cultural power from below -- Made in Italy -- Farewell to the tomb robber.


Culture And Human Rights The Wroclaw Commentaries

Author by : Andreas J. Wiesand
Languange : en
Publisher by : Walter de Gruyter GmbH & Co KG
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 209
File Size : 40,9 Mb
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Description : The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.


The Protection Of The Underwater Cultural Heritage

Author by : Anastasia Stratē
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 326
File Size : 53,9 Mb
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Description : The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.


Antiquities

Author by : Maxwell L. Anderson
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 424
File Size : 42,9 Mb
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Description : The destruction of ancient monuments and artworks by the Taliban in Afghanistan and the Islamic State in Iraq and Syria has shocked observers worldwide. Yet iconoclastic erasures of the past date back at least to the mid-1300s BCE, during the Amarna Period of ancient Egypt's 18th dynasty. Far more damage to the past has been inflicted by natural disasters, looters, and public works. Art historian Maxwell Anderson's Antiquities: What Everyone Needs to Know(r) analyzes continuing threats to our heritage, and offers a balanced account of treaties and laws governing the circulation of objects; the history of collecting antiquities; how forgeries are made and detected; how authentic works are documented, stored, dispersed, and displayed; the politics of sending antiquities back to their countries of origin; and the outlook for an expanded legal market. Anderson provides a summary of challenges ahead, including the future of underwater archaeology, the use of drones, remote sensing, and how invisible markings on antiquities will allow them to be traced. Written in question-and-answer format, the book equips readers with a nuanced understanding of the legal, practical, and moral choices that face us all when confronting antiquities in a museum gallery, shop window, or for sale on the Internet.


Archaeology Cultural Property And The Military

Author by : Laurie Rush
Languange : en
Publisher by : Boydell Press
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 768
File Size : 51,8 Mb
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Description : Timely essays from experienced contributors examine the damage recent conflict has caused to cultural heritage, and how it may best be safeguarded in future.


International Law Museums And The Return Of Cultural Objects

Author by : Ana Filipa Vrdoljak
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 663
File Size : 46,5 Mb
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Description : 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.


The Destruction Of Cultural Property As A Weapon Of War

Author by : Helga Turku
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 967
File Size : 42,9 Mb
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Description : This book aims to advance the understanding of cultural property in armed conflict, and its significance for anti-terrorism and peace-building strategies. As the author argues, ISIS’ orchestrated theft and destruction of cultural property has become a tactic of war. Through a historical, political, and legal analysis, this book explains the pathology of radical groups’ behavior toward cultural objects as part of their terror campaign. Using constructivist ideas, it explains the importance of cultural property in the context of short-term and long-term security and analyzes the evolution of laws and policies to protect it.


Comparative Property Law

Author by : Michele Graziadei
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 221
File Size : 55,8 Mb
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Description : Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.


Displaced Cultural Assets

Author by : Grażyna Czubek
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 159
File Size : 47,9 Mb
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Description :


State Immunity And Cultural Objects On Loan

Author by : Nout van Woudenberg
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 87
Total Download : 248
File Size : 50,8 Mb
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Description : This study examines whether there is any rule of (customary) international law stipulating that cultural objects belonging to foreign States that are on loan for temporary exhibition are immune from seizure, or whether such a rule is emerging.


Displaced Archives

Author by : James Lowry
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 787
File Size : 43,8 Mb
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Description : Displaced archives have long been a problem and their existence continues to trouble archivists, historians and government officials. Displaced Archives brings together leading international experts to comprehensively explore the current state of affairs for the first time. Drawing on case studies from around the world, the authors examine displaced archives as a consequence of conflict and colonialism, analysing their impact on government administration, nation building, human rights and justice. Renewed action is advocated through considerations of the legal approaches to repatriation, the role of the international archival community, ‘shared heritage’ approaches and other solutions. The volume offers new theoretical, technical and political insights and will be essential reading for practitioners, academics and students in the field of archives, cultural property and heritage management, as well as history, politics and international relations.


The Protection Of Cultural Property In Armed Conflict

Author by : Roger O'Keefe
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 420
File Size : 45,9 Mb
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Description : Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.


Yearbook Of The International Law Commission 1996 Vol Ii Part 2

Author by : United Nations International Law Commission
Languange : en
Publisher by : United Nations
Format Available : PDF, ePub, Mobi
Total Read : 22
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Description : Issued four times a year, this publication provides data for assessing demographic and economic trends in countries and areas of the Asia and the Pacific region. Data presented for multiple years on a month-by-month basis, facilitate comparative studies.