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Cultural Property In Cross Border Litigation
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Book Synopsis Cultural Property in Cross-Border Litigation by : Mara Wantuch-Thole
Download or read book Cultural Property in Cross-Border Litigation written by Mara Wantuch-Thole and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-03-10 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis comparatively investigates into the cross-border enforcement of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms to successfully implement these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.
Book Synopsis Cultural Heritage and International Law by : Evelyne Lagrange
Download or read book Cultural Heritage and International Law written by Evelyne Lagrange and published by Springer. This book was released on 2018-07-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.
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.
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 192 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.
Book Synopsis The Protection of Cultural Property in Armed Conflict by : Roger O'Keefe
Download or read book The Protection of Cultural Property in Armed Conflict written by Roger O'Keefe and published by Cambridge University Press. This book was released on 2006-12-14 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Politics of International Criminal Law by : Holly Cullen
Download or read book The Politics of International Criminal Law written by Holly Cullen and published by BRILL. This book was released on 2020-12-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Book Synopsis Fighting the illicit trafficking of cultural property by : Boz, Zeynep
Download or read book Fighting the illicit trafficking of cultural property written by Boz, Zeynep and published by UNESCO Publishing. This book was released on 2018-12-31 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property, Cultural Property and Intangible Cultural Heritage by : Christoph Antons
Download or read book Intellectual Property, Cultural Property and Intangible Cultural Heritage written by Christoph Antons and published by Routledge. This book was released on 2017-12-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.
Book Synopsis Cultural Heritage Ethics by : Constantine Sandis
Download or read book Cultural Heritage Ethics written by Constantine Sandis and published by Open Book Publishers. This book was released on 2014-10-13 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory without practice is empty, practice without theory is blind, to adapt a phrase from Immanuel Kant. The sentiment could not be truer of cultural heritage ethics. This intra-disciplinary book bridges the gap between theory and practice by bringing together a stellar cast of academics, activists, consultants, journalists, lawyers, and museum practitioners, each contributing their own expertise to the wider debate of what cultural heritage means in the twenty-first century. Cultural Heritage Ethics provides cutting-edge arguments built on case studies of cultural heritage and its management in a range of geographical and cultural contexts. Moreover, the volume feels the pulse of the debate on heritage ethics by discussing timely issues such as access, acquisition, archaeological practice, curatorship, education, ethnology, historiography, integrity, legislation, memory, museum management, ownership, preservation, protection, public trust, restitution, human rights, stewardship, and tourism. This volume is neither a textbook nor a manifesto for any particular approach to heritage ethics, but a snapshot of different positions and approaches that will inspire both thought and action. Cultural Heritage Ethics provides invaluable reading for students and teachers of philosophy of archaeology, history and moral philosophy – and for anyone interested in the theory and practice of cultural preservation.
Book Synopsis Indigenous Cultural Heritage and Intellectual Property Rights by : Jessica Christine Lai
Download or read book Indigenous Cultural Heritage and Intellectual Property Rights written by Jessica Christine Lai and published by Springer Science & Business Media. This book was released on 2014-01-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
Book Synopsis The Return of Cultural Treasures by : Jeanette Greenfield
Download or read book The Return of Cultural Treasures written by Jeanette Greenfield and published by Cambridge University Press. This book was released on 1996-01-26 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: New edition of Greenfield's pioneering study about the legal, political and historical aspects of cultural restitution.
Book Synopsis The International Law of Property by : John G. Sprankling
Download or read book The International Law of Property written by John G. Sprankling and published by OUP Oxford. This book was released on 2014-05-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Book Synopsis Intellectual and Cultural Property by : Fiona Macmillan
Download or read book Intellectual and Cultural Property written by Fiona Macmillan and published by Routledge. This book was released on 2020-11-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.
Book Synopsis Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives by : World Intellectual Property Organization
Download or read book Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives written by World Intellectual Property Organization and published by WIPO. This book was released on 2010 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.
Book Synopsis Cross-Border Litigation in Europe by : Paul Beaumont
Download or read book Cross-Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Book Synopsis Destruction and Conservation of Cultural Property by : R Layton
Download or read book Destruction and Conservation of Cultural Property written by R Layton and published by Routledge. This book was released on 2003-09-02 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1991 the mosque at Ayodhya in India was demolished by Hindu fundamentalists who claim that it stood on the birthplace of a legendary Hindu hero. During recent conflicts in former Yugoslavia, ethnic groups destroyed mosques and churches to eliminate evidence of long-term settlement by other communities. Over successive centuries, however, a single building in Cordoba functioned as a mosque, a church and a synagogue. The Roman Emperor Diocletian's Palace in Split is occupied today by shops and residential apartments. What circumstances have lead to the survival and reinterpretation of some monuments, but the destruction of others? This work asks whether the idea of world heritage is an essential mechanism for the protection of the world's cultural and natural heritage, or whether it subjugates a diversity of cultural traditions to specifically Western ideas. How far is it acceptable for one group of people to comment upon, or intercede in, the way in which another community treats the remains which it claims as its own? What are the responsibilities of multinational corporations and non-governmental organisations operating in the Developing World? Who actually owns the past: the landowner, indigenous people, the State or humankind?
Book Synopsis Between Imagined Communities and Communities of Practice by : Nicolas Adell
Download or read book Between Imagined Communities and Communities of Practice written by Nicolas Adell and published by Göttingen University Press. This book was released on 2015 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Community and participation have become central concepts in the nomination processes surrounding heritage, intersecting time and again with questions of territory. In this volume, anthropologists and legal scholars from France, Germany, Italy and the USA take up questions arising from these intertwined concerns from diverse perspectives: How and by whom were these concepts interpreted and re-interpreted, and what effects did they bring forth in their implementation? What impact was wielded by these terms, and what kinds of discursive formations did they bring forth? How do actors from local to national levels interpret these new components of the heritage regime, and how do actors within heritage-granting national and international bodies work it into their cultural and political agency? What is the role of experts and expertise, and when is scholarly knowledge expertise and when is it partisan? How do bureaucratic institutions translate the imperative of participation into concrete practices? Case studies from within and without the UNESCO matrix combine with essays probing larger concerns generated by the valuation and valorization of culture.
