International Law And The Protection Of Cultural Heritage

Author by : Craig Forrest
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 99
File Size : 51,7 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.


Cultural Property Law And Restitution

Author by : Irini A. Stamatoudi
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 34
Total Download : 176
File Size : 47,7 Mb
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Description : 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.


Cultural Property Law

Author by : Sherry Hutt
Languange : en
Publisher by : American Bar Association
Format Available : PDF, ePub, Mobi
Total Read : 57
Total Download : 676
File Size : 40,9 Mb
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Description : Cultural Property Law is a practical guide to the application and interpretation of the statutes and codes that direct the management, protection, and preservation of cultural property.


The Ethics Of Collecting Cultural Property

Author by : Phyllis Mauch Messenger
Languange : en
Publisher by : UNM Press
Format Available : PDF, ePub, Mobi
Total Read : 68
Total Download : 132
File Size : 46,9 Mb
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Description : The Ethics of Collecting Cultural Property explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts. Twenty-two contributors, representing archaeology, law, museum administration, art history, and philosophy, suggest how the numerous interested parties, often at odds, can cooperate to resolve cultural heritage, ownership, and repatriation issues, and improve the protection of cultural property worldwide.


Thinking About The Elgin Marbles Critical Essays On Cultural Property Art And Law

Author by : John Merryman
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 90
Total Download : 364
File Size : 47,9 Mb
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Description : This book begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that still dominate the growing international debate about cultural property policy and are explored in subsequent essays: Why do people care about cultural property? Is cultural nationalism a sound organizing principle for dealing with cultural property questions? Or is it a relic of 19th century romanticism, kept alive by the power of Byron's poetry? How can cultural nationalism be rationalized with the idea that works of art and antiquities are 'the cultural heritage of all mankind?' What alternative ways are there of thinking about cultural property policy and law? The author examines in particular the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. In the second part of the book the author addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, a Professor of Art Law at Stanford University, is a leading international figure in cultural property and art law circles.


Cultural Heritage

Author by : Adriana Campelo
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 760
File Size : 55,6 Mb
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Description : Cultural Heritage is a systematic, interdisciplinary examination of cultural heritage, which provides an up-to-date view of the field by drawing on various disciplines. The book offers a thorough, structured review of extant literature on heritage in tourism and pertinent challenges for cultural heritage. This book offers new ways of looking at cultural heritage assets against a backdrop of increasing economic and environmental pressures. It comprises a number of sections that each examine cultural heritage from the perspective of ethics and values, community relations and development, cultural entrepreneurship, economic viability and conservation, methodologies, impacts of tourism research, consumption, and urban and immaterial heritage. Encompassing global research perspectives from public management, visual culture, environmental management, and cultural entrepreneurship, Cultural Heritage is a crucial text for those working or interested in the heritage field.


Art And Cultural Heritage

Author by : Barbara T. Hoffman
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 42
Total Download : 256
File Size : 50,9 Mb
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Description : Art 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.


Yearbook Of Cultural Property Law 2010

Author by : Sherry Hutt
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 34
Total Download : 526
File Size : 41,8 Mb
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Description : The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.


The Settlement Of International Cultural Heritage Disputes

Author by : Alessandro Chechi
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 779
File Size : 47,6 Mb
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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.


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 : 26
Total Download : 882
File Size : 47,5 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.


Yearbook Of Cultural Property Law 2009

Author by : Sherry Hutt
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 822
File Size : 53,8 Mb
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Description : The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.


The Idea Of Cultural Heritage

Author by : Derek Gillman
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 626
File Size : 40,5 Mb
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Description : This book reviews the competing claims that works of art belong either to a particular people and place, or to humankind.


Yearbook Of Cultural Property Law 2007

Author by : Sherry Hutt
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 439
File Size : 45,9 Mb
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Description : The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.


Archaeology Cultural Property And The Military

Author by : Laurie Rush
Languange : en
Publisher by : Boydell Press
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 626
File Size : 55,5 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.


The Impact Of Uniform Laws On The Protection Of Cultural Heritage And The Preservation Of Cultural Heritage In The 21st Century

Author by : Toshiyuki Kono
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 69
Total Download : 874
File Size : 42,8 Mb
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Description : Providing an overview of seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries.


State Succession In Cultural Property

Author by : Andrzej Jakubowski
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 270
File Size : 44,7 Mb
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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.


First Nations Cultural Heritage And Law

Author by : Catherine Bell
Languange : en
Publisher by : UBC Press
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 514
File Size : 40,9 Mb
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Description : First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.


Enforcing International Cultural Heritage Law

Author by : Francesco Francioni
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 833
File Size : 47,9 Mb
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Description : The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.


Who Owns Culture

Author by : Richard Brilliant
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 542
File Size : 43,8 Mb
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International Cultural Heritage Law

Author by : Janet Blake
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 106
File Size : 42,6 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.


Thinking About The Elgin Marbles

Author by : John Henry Merryman
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 527
File Size : 47,5 Mb
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Description : The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly-expanded array of essays: Why are people concerned about cultural property Is cultural nationalism a sound organizing principle for dealing with cultural property questions? Or is it a relic of 19th century romanticism, kept alive by the power of Byron's poetry? How can one rationalize cultural nationalism with the idea that works of art and antiquities are the cultural heritage of all mankind? What are alternative ways of thinking about cultural property policy and law? The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly-regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, John Henry Merryman, is an Emeritus and Affiliated Professor in the Department of Art at Stanford Law School. He is a widely respected authority in the fields of international cultural property and art law.


Witnesses To History

Author by : Lyndel V. Prott
Languange : en
Publisher by : UNESCO
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 758
File Size : 48,8 Mb
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Description : This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.


Cultural Property Crime

Author by : Joris Kila
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 773
File Size : 40,5 Mb
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Description : In "Cultural Property Crime," experts from a wide range of disciplines provide analytical insights into classical and contemporary criminal acts that affect our cultural heritage worldwide, both in peace and wartime.


Thinking About The Elgin Marbles

Author by : John Henry Merryman
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 322
File Size : 48,5 Mb
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Description : The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly expanded array of essays. The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite),the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information.


Music As Intangible Cultural Heritage

Author by : Keith Howard
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 42
Total Download : 738
File Size : 54,6 Mb
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Description : Focussing on music traditions, these essays explore the policy, ideology and practice of preservation and promotion of East Asian intangible cultural heritage. For the first time, Japan, Korea, China and Taiwan - states that were amongst the first to establish legislation and systems for indigenous traditions - are considered together. Calls to preserve the intangible heritage have recently become louder, not least with increasing UNESCO attention. The imperative to preserve is, throughout the region, cast as a way to counter the perceived loss of cultural diversity caused by globalization, modernization, urbanization and the spread of the mass media. Four chapters - one each on China, Korea, Taiwan and Japan - incorporate a foundational overview of preservation policy and practice of musical intangible cultural heritage at the state level. These chapters are complemented by a set of chapters that explore how the practice of policy has impacted on specific musics, from Confucian ritual through Kam big song to the Okinawan sanshin. Each chapter is based on rich ethnographic data collected through extended fieldwork. The team of international contributors give both insider and outsider perspectives as they both account for, and critique, policy, ideology and practice in East Asian music as intangible cultural heritage.


Historic Preservation Law

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 71
Total Download : 564
File Size : 51,8 Mb
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Description :