Law And The Cultural Heritage

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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.

Cultural Heritage and International Law

Author : Evelyne Lagrange
Publisher : Springer
ISBN 13 : 3319787896
Total Pages : 289 pages
Book Rating : 4.3/5 (197 download)

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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.

International Law and the Protection of Cultural Heritage

Author : Craig Forrest
Publisher : Routledge
ISBN 13 : 0415467810
Total Pages : 482 pages
Book Rating : 4.4/5 (154 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 2010 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.

International Cultural Heritage Law

Author : Janet E. Blake
Publisher :
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 . This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.

Enforcing International Cultural Heritage Law

Author : Francesco Francioni
Publisher :
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 . 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.

Private International Law, Art and Cultural Heritage

Author : Christa Roodt
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002169
Total Pages : 417 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 417 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

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.

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.

Law and Intangible Cultural Heritage in the City

Author : Sara Gwendolyn Ross
Publisher : Routledge
ISBN 13 : 1000024504
Total Pages : 210 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Law and Intangible Cultural Heritage in the City by : Sara Gwendolyn Ross

Download or read book Law and Intangible Cultural Heritage in the City written by Sara Gwendolyn Ross and published by Routledge. This book was released on 2019-06-20 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.

Cultural Heritage Ethics

Author : Constantine Sandis
Publisher : Open Book Publishers
ISBN 13 : 1783740671
Total Pages : 230 pages
Book Rating : 4.7/5 (837 download)

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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.

Cultural Law

Author : James A. R. Nafziger
Publisher : Cambridge University Press
ISBN 13 : 0521865506
Total Pages : 1041 pages
Book Rating : 4.5/5 (218 download)

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

Download or read book Cultural Law written by James A. R. Nafziger and published by Cambridge University Press. This book was released on 2010-11 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.

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.

Military Necessity in International Cultural Heritage Law

Author : Berenika Drazewska
Publisher : BRILL
ISBN 13 : 9004432566
Total Pages : 391 pages
Book Rating : 4.0/5 (44 download)

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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.

Crimes Against Art

Author : Bonnie Czegledi
Publisher :
ISBN 13 :
Total Pages : 510 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Crimes Against Art by : Bonnie Czegledi

Download or read book Crimes Against Art written by Bonnie Czegledi and published by . This book was released on 2010 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of International Stolen Art Databases P.95

Heritage Resources Law

Author : National Trust for Historic Preservation
Publisher : John Wiley & Sons
ISBN 13 : 9780471251583
Total Pages : 612 pages
Book Rating : 4.2/5 (515 download)

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Book Synopsis Heritage Resources Law by : National Trust for Historic Preservation

Download or read book Heritage Resources Law written by National Trust for Historic Preservation and published by John Wiley & Sons. This book was released on 1999-01-20 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive reference for the growing field of environmental law, this important legal primer defines and interprets the statues and federal policies that protect archeological resources in land and water environments.

China, Cultural Heritage, and International Law

Author : Hui Zhong
Publisher : Routledge
ISBN 13 : 1351605690
Total Pages : 192 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 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.