State Immunity and Cultural Objects on Loan

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004217029
Total Pages : 508 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis State Immunity and Cultural Objects on Loan by : Nout van Woudenberg

Download or read book State Immunity and Cultural Objects on Loan written by Nout van Woudenberg and published by Martinus Nijhoff Publishers. This book was released on 2012-03-23 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines whether there is any rule of (customary) international law stipulating that cultural objects belonging to foreign States that are on loan for temporary exhibition are immune from seizure, or whether such a rule is emerging.

State Immunity and Cultural Objects on Loan

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (76 download)

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Book Synopsis State Immunity and Cultural Objects on Loan by : Aernout van Woudenberg (jurist)

Download or read book State Immunity and Cultural Objects on Loan written by Aernout van Woudenberg (jurist) and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of State Immunity

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Publisher : OUP Oxford
ISBN 13 : 019166975X
Total Pages : 704 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Law of State Immunity by : Hazel Fox

Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

Intersections in International Cultural Heritage Law

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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.

The Oxford Handbook of International Cultural Heritage Law

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Publisher : Oxford University Press
ISBN 13 : 0192603701
Total Pages : 1024 pages
Book Rating : 4.1/5 (926 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. This book was released on 2020-07-23 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.

Frontiers of Cultural Heritage Law

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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.

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

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Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Foreign Cultural Exchange Jurisdictional Immunity Clarification Act by : United States. Congress. House. Committee on the Judiciary

Download or read book Foreign Cultural Exchange Jurisdictional Immunity Clarification Act written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2015 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Jurisdiction and Immunities in International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472189
Total Pages : 560 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on Jurisdiction and Immunities in International Law by : Alexander Orakhelashvili

Download or read book Research Handbook on Jurisdiction and Immunities in International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.

Cultural Heritage in the European Union

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Publisher : BRILL
ISBN 13 : 9004365346
Total Pages : 528 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Cultural Heritage in the European Union by : Andrzej Jakubowski

Download or read book Cultural Heritage in the European Union written by Andrzej Jakubowski and published by BRILL. This book was released on 2019-05-15 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical inquiry into the ever-evolving notion of cultural heritage and the way it has been made accessible, governed, and protected by the institutional, operational, and legal structures of the European Union.

The United Nations Convention on Jurisdictional Immunities of States and Their Property

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191632201
Total Pages : 512 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The United Nations Convention on Jurisdictional Immunities of States and Their Property by : Roger O'Keefe

Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property written by Roger O'Keefe and published by OUP Oxford. This book was released on 2013-03-21 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.

The Settlement of International Cultural Heritage Disputes

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Publisher : OUP Oxford
ISBN 13 : 0191009083
Total Pages : 400 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Settlement of International Cultural Heritage Disputes by : Alessandro Chechi

Download or read book The Settlement of International Cultural Heritage Disputes written by Alessandro Chechi and published by OUP Oxford. This book was released on 2014-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.

International Law between Universalism and Fragmentation

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Publisher : BRILL
ISBN 13 : 9047440331
Total Pages : 1131 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law between Universalism and Fragmentation by : Isabelle Buffard

Download or read book International Law between Universalism and Fragmentation written by Isabelle Buffard and published by BRILL. This book was released on 2009-02-28 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 33 (2015)

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004348697
Total Pages : 509 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 33 (2015) by : Ying-jeou Ma

Download or read book Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 33 (2015) written by Ying-jeou Ma and published by Martinus Nijhoff Publishers. This book was released on 2017-07-27 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan.

Yearbook of Cultural Property Law 2009

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Author :
Publisher : Routledge
ISBN 13 : 1315415356
Total Pages : 488 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Yearbook of Cultural Property Law 2009 by : Sherry Hutt

Download or read book Yearbook of Cultural Property Law 2009 written by Sherry Hutt and published by Routledge. This book was released on 2016-12-05 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.

International Law in Domestic Courts

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Publisher : Oxford University Press, USA
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper

Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

The Parthenon Marbles Dispute

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509967206
Total Pages : 225 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Parthenon Marbles Dispute by : Alexander Herman

Download or read book The Parthenon Marbles Dispute written by Alexander Herman and published by Bloomsbury Publishing. This book was released on 2023-09-21 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin's men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.

Yearbook of Cultural Property Law 2007

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Author :
Publisher : Routledge
ISBN 13 : 1315415437
Total Pages : 274 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Yearbook of Cultural Property Law 2007 by : Sherry Hutt

Download or read book Yearbook of Cultural Property Law 2007 written by Sherry Hutt and published by Routledge. This book was released on 2016-12-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.