China Cultural Heritage And International Law

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China, Cultural Heritage, and International Law

Author : Hui Zhong
Publisher : Routledge
ISBN 13 : 1351605690
Total Pages : 206 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis China, Cultural Heritage, and International Law by : Hui Zhong

Download or read book China, Cultural Heritage, and International Law written by Hui Zhong and published by Routledge. This book was released on 2017-11-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

Enforcing International Cultural Heritage Law

Author : Francesco Francioni
Publisher : Oxford University Press
ISBN 13 : 0199680248
Total Pages : 280 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Enforcing International Cultural Heritage Law by : Francesco Francioni

Download or read book Enforcing International Cultural Heritage Law written by Francesco Francioni and published by Oxford University Press. This book was released on 2013-06-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intangible Cultural Heritage in International Law

Author : Lucas Lixinski
Publisher : OUP Oxford
ISBN 13 : 0199679509
Total Pages : 295 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Intangible Cultural Heritage in International Law by : Lucas Lixinski

Download or read book Intangible Cultural Heritage in International Law written by Lucas Lixinski and published by OUP Oxford. This book was released on 2013-06-13 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

The Oxford Handbook of International Cultural Heritage Law

Author : Francesco Francioni
Publisher : Oxford University Press, USA
ISBN 13 : 9780191892295
Total Pages : 1088 pages
Book Rating : 4.8/5 (922 download)

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Book Synopsis The Oxford Handbook of International Cultural Heritage Law by : Francesco Francioni

Download or read book The Oxford Handbook of International Cultural Heritage Law written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2020 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.

Chinese Contemporary Perspectives on International Law

Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004236147
Total Pages : 288 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Chinese Contemporary Perspectives on International Law by : Xue Hanqin

Download or read book Chinese Contemporary Perspectives on International Law written by Xue Hanqin and published by Martinus Nijhoff Publishers. This book was released on 2012-08-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process. After an in-depth revisit of China’s position on sovereignty and non-interference from a historical and cultural perspective, the author further explores a few areas of importance where China’s viewpoints often invite general interest: human rights, sustainable development, and multilateralism and regional cooperation.

The Case for Repatriating China’s Cultural Objects

Author : Zuozhen Liu
Publisher : Springer
ISBN 13 : 9811005974
Total Pages : 179 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis The Case for Repatriating China’s Cultural Objects by : Zuozhen Liu

Download or read book The Case for Repatriating China’s Cultural Objects written by Zuozhen Liu and published by Springer. This book was released on 2016-02-25 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positive legal regimes, while the second part focuses on the philosphical, ethical, and cultural considerations regarding repatriation of cultural objects. Consisting of seven chapters and an introduction, it outlines the loss of Chinese cultural relics in modern history and the normative framework for the protection of cultural heritage. It presents case studies designed to assess the possibility of seeking legal remedies for restitution under contemporary legal regimes and examines the cultural and ethical issues underpinning the international conventions protecting cultural heritage and claims for the repatriation of cultural heritage. It also discusses issues of cultural identity, the right to cultural identity and heritage, multiculturalism, the politics of recognition, cosmopolitanism, the right to cultural heritage, and other related issues. The concluding chapter answers the two research questions and offers suggestions for future research.

Intangible Cultural Heritage Under National and International Law

Author : Marie Cornu
Publisher : Edward Elgar Publishing
ISBN 13 : 1839100036
Total Pages : 224 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intangible Cultural Heritage Under National and International Law by : Marie Cornu

Download or read book Intangible Cultural Heritage Under National and International Law written by Marie Cornu and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Protection of Traditional Cultural Expressions

Author : Luo Li
Publisher : Springer Science & Business
ISBN 13 : 3319045253
Total Pages : 231 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Intellectual Property Protection of Traditional Cultural Expressions by : Luo Li

Download or read book Intellectual Property Protection of Traditional Cultural Expressions written by Luo Li and published by Springer Science & Business. This book was released on 2014-04-22 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.

International Law and the Protection of Cultural Heritage

Author : Craig Forrest
Publisher : Routledge
ISBN 13 : 1135224501
Total Pages : 482 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis International Law and the Protection of Cultural Heritage by : Craig Forrest

Download or read book International Law and the Protection of Cultural Heritage written by Craig Forrest and published by Routledge. This book was released on 2012-08-06 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Lucas Lixinski
Publisher : OUP Oxford
ISBN 13 : 0191668893
Total Pages : 296 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Intangible Cultural Heritage in International Law by : Lucas Lixinski

Download or read book Intangible Cultural Heritage in International Law written by Lucas Lixinski and published by OUP Oxford. This book was released on 2013-06-13 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law as a World Order in Late Imperial China

Author : Rune Svarverud
Publisher : BRILL
ISBN 13 : 9004160191
Total Pages : 333 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Law as a World Order in Late Imperial China by : Rune Svarverud

Download or read book International Law as a World Order in Late Imperial China written by Rune Svarverud and published by BRILL. This book was released on 2007 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.

Frontiers of Cultural Heritage Law

Author : James A.R. Nafziger
Publisher : BRILL
ISBN 13 : 900434764X
Total Pages : 416 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Frontiers of Cultural Heritage Law by : James A.R. Nafziger

Download or read book Frontiers of Cultural Heritage Law written by James A.R. Nafziger and published by BRILL. This book was released on 2021-10-18 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: ** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests. This book was awarded the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on a Practical or Technical Subject, in 2022.

World Heritage Craze in China

Author : Haiming Yan
Publisher : Berghahn Books
ISBN 13 : 1785338056
Total Pages : 242 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis World Heritage Craze in China by : Haiming Yan

Download or read book World Heritage Craze in China written by Haiming Yan and published by Berghahn Books. This book was released on 2018-03-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a World Heritage Craze in China. China claims to have the longest continuous civilization in the world and is seeking recognition from UNESCO. This book explores three dimensions of the UNESCO World Heritage initiative with particular relevance for China: the universal agenda, the national practices, and the local responses. With a sociological lens, this book offers comprehensive insights into World Heritage, as well as China’s deep social, cultural, and political structures.

Reconsidering Cultural Heritage in East Asia

Author : Akira Matsuda
Publisher : Ubiquity Press
ISBN 13 : 1909188891
Total Pages : 173 pages
Book Rating : 4.9/5 (91 download)

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Book Synopsis Reconsidering Cultural Heritage in East Asia by : Akira Matsuda

Download or read book Reconsidering Cultural Heritage in East Asia written by Akira Matsuda and published by Ubiquity Press. This book was released on 2016-09-27 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of ‘cultural heritage’ has acquired increasing currency in culture, politics and societies in East Asia. However, in spite of a number of research projects in this field, our understanding of how the past and its material expressions have been perceived, conceptualised and experienced in this part of the world, and how these views affect contemporary local practices and notions of identity, particularly in a period of rapid economic development and increasing globalisation, is still very unclear. Preoccupation with cultural heritage - expressed in the rapid growth of national and private museums, the expansion of the antiquities’ market, revitalisation of local traditions, focus on ‘intangible cultural heritage’ and the development of cultural tourism - is something that directly or indirectly affects national policies and international relations. An investigation of how the concept of ‘cultural heritage’ has been and continues to be constructed in East Asia, drawing on several case studies taken from China, Japan and Korea, is thus timely and worthwhile.

Private International Law, Art and Cultural Heritage

Author : Christa Roodt
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002169
Total Pages : 416 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Private International Law, Art and Cultural Heritage by : Christa Roodt

Download or read book Private International Law, Art and Cultural Heritage written by Christa Roodt and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Handbook on the Law of Cultural Heritage and International Trade

Author : James A R Nafziger
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007349
Total Pages : 672 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Handbook on the Law of Cultural Heritage and International Trade by : James A R Nafziger

Download or read book Handbook on the Law of Cultural Heritage and International Trade written by James A R Nafziger and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Cultural Heritage Politics in China

Author : Tami Blumenfield
Publisher : Springer Science & Business Media
ISBN 13 : 1461468744
Total Pages : 303 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Cultural Heritage Politics in China by : Tami Blumenfield

Download or read book Cultural Heritage Politics in China written by Tami Blumenfield and published by Springer Science & Business Media. This book was released on 2013-05-14 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores China’s cultural heritage ideology and policies from three interrelated perspectives: the State and World Heritage tourism; cultural heritage tourism at undesignated sites, and the cultural politics of museums and collections. Something of a cultural heritage designation craze is happening in China. This is new within even the last five to ten years. Officials at many levels now see heritage preservation as a means for commoditizing their regions. They are devoting new resources and attention to national and international heritage designations. Thus, addressing cultural heritage politics in a nation dedicated to designation is an important project, particularly in the context of a rapidly growing economy. This volume is also important because it addresses a very wide range of cultural heritage, providing an excellent sample of case studies: historic vernacular urban environments, ethnic tourism, scenic tourism, pilgrimage as tourism, tourism and economic development, museums, border heritage, underwater remains, and the actual governance and management of the sites. This volume is an outstanding introduction to cultural heritage issues in China while contributing to Chinese studies for those with greater knowledge of the area.