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Heritage Destruction Human Rights And International Law
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Book Synopsis Heritage Destruction, Human Rights and International Law by : Amy Strecker
Download or read book Heritage Destruction, Human Rights and International Law written by Amy Strecker and published by BRILL. This book was released on 2023-07-24 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.
Book Synopsis The Concept of Cultural Genocide by : Elisa Novic
Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
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 281 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 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. This book was released on 2020-05-15 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.
Book Synopsis Military Necessity in International Cultural Heritage Law by : Berenika Drazewska
Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
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.
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. This book was released on 2020-07-30 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.
Book Synopsis The Protection of Cultural Heritage During Armed Conflict by : Noelle Higgins
Download or read book The Protection of Cultural Heritage During Armed Conflict written by Noelle Higgins and published by Routledge. This book was released on 2020-04-13 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the current legal framework seeking to protect cultural heritage during armed conflict and discusses proposed and emerging paradigms for its better protection. Cultural heritage has always been a victim of conflict, with monuments and artefacts frequently destroyed as collateral damage in wars throughout history. In addition, works of art have been viewed as booty by victors and stolen in the aftermath of conflict. However, deliberate destruction of cultural sites and items has also occurred, and the Intentional destruction of cultural heritage has been a hallmark of recent conflicts in the Middle East and North Africa, where we have witnessed unprecedented, systematic attacks on culture as a weapon of war. In Iraq, Syria, Libya, Yemen, and Mali, extremist groups such as ISIS and Ansar Dine have committed numerous acts of iconoclasm, deliberately destroying heritage sites, and looting valuable artefacts symbolic of minority cultures. This study explores how the international law framework can be fully utilised in order to tackle the destruction of cultural heritage, and analyses various paradigms which have recently been suggested for its better protection, including the Responsibility to Protect paradigm and the peace and security paradigm. This volume will be an essential resource for scholars and practitioners in the areas of public international law, especially international humanitarian law and cultural heritage law.
Book Synopsis The Routledge Handbook of Heritage Destruction by : José Antonio González Zarandona
Download or read book The Routledge Handbook of Heritage Destruction written by José Antonio González Zarandona and published by Taylor & Francis. This book was released on 2023-08-10 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Heritage Destruction presents a comprehensive view on the destruction of cultural heritage and offers insights into this multifaceted, interdisciplinary phenomenon; the methods scholars have used to study it; and the results these various methods have produced. By juxtaposing theoretical and legal frameworks and conceptual contexts alongside a wide distribution of geographical and temporal case studies, this book throws light upon the risks, and the realizations, of art and heritage destruction. Exploring the variety of forces that drive the destruction of heritage, the volume also contains contributions that consider what forms heritage destruction takes and in which contexts and circumstances it manifests. Contributors, including local scholars, also consider how these drivers and contexts change, and what effect this has on heritage destruction, and how we conceptualise it. Overall, the book establishes the importance of the need to study the destruction of art and cultural heritage within a wider framework that encompasses not only theory but also legal, military, social, and ontological issues. The Routledge Handbook of Heritage Destruction will contribute to the development of a more complete understanding and analysis of heritage destruction. The Handbook will be useful to academics, students, and professionals with interest in heritage, conservation and preservation, history and art history, archaeology, anthropology, philosophy, and law.
Book Synopsis Prosecuting the Destruction of Cultural Property in International Criminal Law by : Caroline Ehlert
Download or read book Prosecuting the Destruction of Cultural Property in International Criminal Law written by Caroline Ehlert and published by Martinus Nijhoff Publishers. This book was released on 2013-10-24 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Prosecuting the Destruction of Cultural Property in International Criminal Law Caroline Ehlert offers an analysis of treaty law protecting cultural property from destruction and foremost of the relevant provisions for prosecuting the destruction of cultural property in international criminal law. The wanton destruction of valuable cultural property during armed conflict as well as during peacetime is omnipresent. Therefore it is of the utmost importance to provide for provisions criminalising the destruction of cultural property and offering a basis for the prosecution of possible perpetrators.
Book Synopsis Cultural Heritage and Mass Atrocities by : James Cuno
Download or read book Cultural Heritage and Mass Atrocities written by James Cuno and published by Getty Publications. This book was released on 2022-09-20 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pathbreaking call to halt the intertwined crises of cultural heritage attacks and mass atrocities and mobilize international efforts to protect people and cultures. Intentional destruction of cultural heritage has a long history. Contemporary examples include the Bamiyan Buddhas in Afghanistan, mosques in Xinjiang, mausoleums in Timbuktu, and Greco-Roman remains in Syria. Cultural heritage destruction invariably accompanies assaults on civilians, making heritage attacks impossible to disentangle from the mass atrocities of genocide, war crimes, crimes against humanity, and ethnic cleansing. Both seek to eliminate people and the heritage with which they identify. Cultural Heritage and Mass Atrocities assembles essays by thirty-eight experts from the heritage, social science, humanitarian, legal, and military communities. Focusing on immovable cultural heritage vulnerable to attack, the volume's guiding framework is the Responsibility to Protect (R2P), a United Nations resolution adopted unanimously in 2005 to permit international intervention against crimes of war or genocide. Based on the three pillars of prevent, react, and rebuild, R2P offers today's policymakers a set of existing laws and international norms that can and—as this book argues—must be extended to the protection of cultural heritage. Contributions consider the global value of cultural heritage and document recent attacks on people and sites in China, Guatemala, Iraq, Mali, Sri Lanka and Afghanistan, Syria, and Yemen. Comprehensive sections on vulnerable populations as well as the role of international law and the military offer readers critical insights and point toward research, policy, and action agendas to protect both people and cultural heritage. A concise abstract of each chapter is offered online in Arabic, Chinese, French, Russian, and Spanish to facilitate robust, global dissemination of the strategies and tactics offered in this pathbreaking call to action. The free online edition of this publication is available at getty.edu/publications/cultural-heritage-mass-atrocities. Also available are free PDF, EPUB, and Kindle/MOBI downloads of the book.
Book Synopsis The Concept of Cultural Genocide by : Elisa Novic
Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016-10-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
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.
Book Synopsis Heritage, Culture and Rights by : Andrea Durbach
Download or read book Heritage, Culture and Rights written by Andrea Durbach and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world. 'This book fills an important gap in the literature on heritage and rights and, in particular, human rights law. With articles from leading experts addressing the legal human rights dimensions of cultural heritage protection, it makes a significant contribution to debates over issues such as 'Why should we safeguard heritage and for whom?' and 'What is the relationship between heritage safeguarding and protecting human rights?'. These are deep questions of profound significance to individuals, communities and even nations around the world and are of increasing urgency today. It critically analyses the relationship between heritage and human rights that can be potentially pernicious as well as mutually reinforcing, placing this analysis within the wider context and with a broad geographical scope with examinations of the heritage/rights relationship in Southeast Asia (Cambodia), China and sub-Saharan Africa.' Dr Janet Blake, Associate Professor in Law, Shahid Beheshti University, Tehran 'Traversing the destruction of mausoleums in Timbuktu to war crimes trial by the International Criminal Court, Heritage, Culture and Rights explores the crucial links between human rights and the protection of cultural heritage. The essays are accessible to all viewing the destruction of cultural heritage as a breach of human dignity and identity. Unputdownable.' Professor Gillian Triggs, President of the Australian Human Rights Commission 'This collection of essays by leading scholars, though primarily Australian in origin, is universal in orientation. Ranging from a broad survey of the applicable laws of armed conflict to a detailed consideration of urban design in Southeast Asia, the essays offer significant insights into the relationship between the protection and use of cultural heritage, on one hand, and fundamental human rights, on the other. Ultimately, the mutual reinforcement of the two disciplines of law prevails over carefully-acknowledged tensions between them. Readers at all levels of expertise will find the book of great interest.' Professor James Nafziger,Thomas B Stoel Professor of Law and Director of International Programs at the Willamette University College of Law
Book Synopsis Cultural Heritage, Cultural Rights, Cultural Diversity by : Silvia Borelli
Download or read book Cultural Heritage, Cultural Rights, Cultural Diversity written by Silvia Borelli and published by Martinus Nijhoff Publishers. This book was released on 2012-07-05 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples as well with individual and collective human rights. Leading international scholars examine the new challenges determined by that evolution, reaching beyond only tangible artistic and monumental expression and paying particular attention to the linkages between cultural heritage, cultural diversity and human rights. As such, Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law offers a comprehensive and original overview of how the international approach to culture has evolved from a sovereignty-based idea of cultural property to a perception which emphasises the human dimension of cultural heritage.
Book Synopsis International Law for Common Goods by : Federico Lenzerini
Download or read book International Law for Common Goods written by Federico Lenzerini and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
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.
