Cultural Heritage Law

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Art, Cultural Heritage, and the Law

Author : Patty Gerstenblith
Publisher :
ISBN 13 : 9781531007652
Total Pages : 0 pages
Book Rating : 4.0/5 (76 download)

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Book Synopsis Art, Cultural Heritage, and the Law by : Patty Gerstenblith

Download or read book Art, Cultural Heritage, and the Law written by Patty Gerstenblith and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach, with accompanying images to illustrate the artworks discussed in the legal materials. The fourth edition continues the tradition of the earlier editions in focusing on the meaning of the art works and cultural objects that are at the heart of an increasing number of legal disputes. This book addresses artists' rights (freedom of expression, copyright, and moral rights), the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and cultural heritage (including the fate of art works and cultural objects in time of war; the international trade in art works and cultural objects; the historic, archaeological, and underwater heritage of the United States; and indigenous cultures, focusing on restitution of Native American cultural objects and human remains and the appropriation of indigenous culture). The inclusion of images of many of the art works and cultural objects at issue helps students to understand why these disputes occur and why the litigants feel so strongly about the outcomes. The fourth edition retains the basic structure of the earlier editions while updating all relevant case law, legislation, and policies. It includes cutting-edge legal developments, such as Cariou v. Prince, the Berkshire Museum deaccessioning decision, Trustees of the Corcoran Gallery v. District of Columbia, the Knoedler Gallery cases, Foreign Sovereign Immunities Act cases (Williams v. National Gallery of Art, Philipp v. Federal Republic of Germany, Rubin v. Iran, and DeCsepel v. Hungary), Konowaloff v. Metropolitan Museum of Art, Okinawa Dugong v. Mattis, Navajo Nation v. Dep't of Interior, and Navajo Nation v. Urban Outfitters. Treatment of new legislation includes the Holocaust Era Art Recovery Act, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, and the Protect and Preserve International Cultural Property Act. A new section examines the intersection of human rights and cultural heritage, while expanded sections address the use of civil forfeiture in art recovery cases, museum policies on acquisition of antiquities and the use of proceeds realized from the sale of art works from museum collections, and comparative analysis of market country implementation of the 1970 UNESCO Convention.

International Cultural Heritage Law

Author : Janet E. Blake
Publisher : Cultural Heritage Law and Poli
ISBN 13 : 0198723512
Total Pages : 385 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Cultural Heritage Law by : Janet E. Blake

Download or read book International Cultural Heritage Law written by Janet E. Blake and published by Cultural Heritage Law and Poli. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Cultural Heritage Law

Author : James A. R. Nafziger
Publisher : Edward Elgar Publishing
ISBN 13 : 9780857937452
Total Pages : 0 pages
Book Rating : 4.9/5 (374 download)

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

Download or read book Cultural Heritage Law written by James A. R. Nafziger and published by Edward Elgar Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Art and Cultural Heritage

Author : Barbara T. Hoffman
Publisher : Cambridge University Press
ISBN 13 : 9780521857642
Total Pages : 608 pages
Book Rating : 4.8/5 (576 download)

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Book Synopsis Art and Cultural Heritage by : Barbara T. Hoffman

Download or read book Art and Cultural Heritage written by Barbara T. Hoffman and published by Cambridge University Press. This book was released on 2006 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains relevant and pressing issues in the law, policy, and the practice of art and cultural heritage protection.

Intersections in International Cultural Heritage Law

Author : Anne Marie Carstens
Publisher : Oxford University Press, USA
ISBN 13 : 0198846290
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Intersections in International Cultural Heritage Law by : Anne Marie Carstens

Download or read book Intersections in International Cultural Heritage Law written by Anne Marie Carstens and published by Oxford University Press, USA. This book was released on 2020-05-20 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Cultural Property Law

Author : Sherry Hutt
Publisher : American Bar Association
ISBN 13 : 9781590312902
Total Pages : 292 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis Cultural Property Law by : Sherry Hutt

Download or read book Cultural Property Law written by Sherry Hutt and published by American Bar Association. This book was released on 2004 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Oxford Handbook of International Cultural Heritage Law

Author : Francesco Francioni
Publisher : Oxford University Press, USA
ISBN 13 : 0198859872
Total Pages : 1089 pages
Book Rating : 4.1/5 (988 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 2020-05-13 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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.

Art, Cultural Heritage, and the Law

Author : Patty Gerstenblith
Publisher :
ISBN 13 :
Total Pages : 1152 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Art, Cultural Heritage, and the Law by : Patty Gerstenblith

Download or read book Art, Cultural Heritage, and the Law written by Patty Gerstenblith and published by . This book was released on 2008 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Art, Cultural Heritage, and the Law is one of the first legal casebooks to address the rapidly emerging fields of art and cultural heritage law, utilizing an interdisciplinary approach. This book addresses artists¿ rights (freedom of expression, copyright, moral rights and rights in architectural works and historic preservation); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture). The new edition, available summer 2008, will retain the basic structure of the first edition while updating case law, policies and events. It will include recent materials and developments, such as new cases (Malevich v. City of Amsterdam, resolution of the Barnes dispute, recent deaccessioning disputes, Iran v. Barakat, U.S. v. Ligon), recent restitutions of ancient art works from US museums to Italy and other countries, and new museum policies. There will also be an expansion of treatment of underwater cultural heritage, historic preservation, and archaeological resources.

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.

International Heritage Law for Communities

Author : Lucas Lixinski
Publisher : Oxford University Press
ISBN 13 : 0192581317
Total Pages : 336 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Heritage Law for Communities by : Lucas Lixinski

Download or read book International Heritage Law for Communities written by Lucas Lixinski and published by Oxford University Press. This book was released on 2019-05-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Cultural Heritage Law in Armed Conflict

Author : Marina Lostal
Publisher : Cambridge University Press
ISBN 13 : 1107169216
Total Pages : 217 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis International Cultural Heritage Law in Armed Conflict by : Marina Lostal

Download or read book International Cultural Heritage Law in Armed Conflict written by Marina Lostal and published by Cambridge University Press. This book was released on 2017-03-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using contemporary case studies, this book offers a novel legal perspective on the protection of cultural heritage during war.

Cultural Heritage as a Legal Hybrid

Author : Alicja Jagielska–Burduk
Publisher : Springer Nature
ISBN 13 : 3031049462
Total Pages : 347 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Cultural Heritage as a Legal Hybrid by : Alicja Jagielska–Burduk

Download or read book Cultural Heritage as a Legal Hybrid written by Alicja Jagielska–Burduk and published by Springer Nature. This book was released on 2022-07-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Cultural Property Law

Author : Sherry Hutt
Publisher :
ISBN 13 : 9781627227360
Total Pages : 464 pages
Book Rating : 4.2/5 (273 download)

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Book Synopsis Cultural Property Law by : Sherry Hutt

Download or read book Cultural Property Law written by Sherry Hutt and published by . This book was released on 2018-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The body of cultural property law has grown from the common law of property to an array of statutes and codes that direct the management, protection, and preservation of cultural property in its many public and private manifestations. Providing a practical, balanced, and clearly written guide to this multidisciplinary area of law, this book identifies the key areas of practice and offers a guide to the application of the law for each through the relevant laws and controlling cases that apply. Frequently asked questions follow each chapter to further explain recent cases and regulations, as wel.

An Introduction to Cultural Heritage Law

Author : Ugo Mifsud Bonnici
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis An Introduction to Cultural Heritage Law by : Ugo Mifsud Bonnici

Download or read book An Introduction to Cultural Heritage Law written by Ugo Mifsud Bonnici and published by . This book was released on 2008 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book, supported jointly with the Maltese Superintendency for Cultural Heritage and Heritage Malta, attempts to bridge the gap between the laws concerning Land Use and Planning with those protecting the Cultural Heritage. This book seeks to bring together Malta's legislation relevant to these matters with the rich international texts in Treaties, Charters and Conventions. The aim is to provide the pabulum for further study and possible legislative elaboration. The book contains a number of quotations from the sources together with the author's comments in the light of his own experience as a lawyer and as a Minister.

Advanced Introduction to Cultural Heritage Law

Author : Lorenzo Casini
Publisher : Edward Elgar Publishing
ISBN 13 : 1789900077
Total Pages : 171 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Advanced Introduction to Cultural Heritage Law by : Lorenzo Casini

Download or read book Advanced Introduction to Cultural Heritage Law written by Lorenzo Casini and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.

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.