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The Settlement Of International Cultural Heritage Disputes
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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.
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 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 416 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
Book Synopsis Autonomous Weapons Systems by : Nehal Bhuta
Download or read book Autonomous Weapons Systems written by Nehal Bhuta and published by Cambridge University Press. This book was released on 2016-09 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the implications and regulation of autonomous weapons systems combines contributions from law, robotics and philosophy.
Book Synopsis Cultural Heritage in International Investment Law and Arbitration by : Valentina Vadi
Download or read book Cultural Heritage in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2014-03-13 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Book Synopsis The Return of Cultural Artefacts by : Alper Tașdelen
Download or read book The Return of Cultural Artefacts written by Alper Tașdelen and published by Springer. This book was released on 2016-09-24 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instruments themselves, their origins, and their advantages and disadvantages, it also examines the roles and interests of the actors involved. Lastly, the book explores the interaction between hard and soft law approaches, the reasons for and importance of this interaction, as well as its consequences.
Book Synopsis Art, Cultural Heritage and the Market by : Valentina Vadi
Download or read book Art, Cultural Heritage and the Market written by Valentina Vadi and published by Springer Science & Business Media. This book was released on 2014-01-27 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.
Download or read book Minding Culture written by Terri Janke and published by WIPO. This book was released on 2003 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eight case-studies undertaken in Australia, entitled "Minding Culture: Case-Studies on Intellectual Property and Traditional Cultural Expressions" were selected, prepared, researched and written by Ms. Terri Janke, an Australian lawyer. The studies have been incorported together in WIPO/GRTKF/STUDY/2.
Book Synopsis Contractual Renegotiations and International Investment Arbitration by : Aikaterini Florou
Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
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.
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 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 Cultural Heritage Law and Poli. This book was released on 2014 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international practice of the past forty years shows the proliferation of a great variety of disputes concerning tangible cultural heritage. These mostly consist of inter-State and private claims about artworks stolen or illegally exported, and controversies regarding the protection of monuments and cultural spaces, not only from war-like situations, but also from non-violent processes, such as the realisation of investment projects. This book discusses whether an improvement in the manner in which these disputes are dealt with may enhance the international protection of cultural heritage.
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.
Book Synopsis International Heritage Law for Communities by : Lucas Lixinski
Download or read book International Heritage Law for Communities written by Lucas Lixinski and published by Oxford University Press. This book was released on 2019-05-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.
Author :United Nations Commission on International Trade Law Publisher :New York : United Nations ISBN 13 : Total Pages :24 pages Book Rating :4.:/5 (31 download)
Book Synopsis UNCITRAL Conciliation Rules by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Conciliation Rules written by United Nations Commission on International Trade Law and published by New York : United Nations. This book was released on 1981 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Witnesses to History by : Lyndel V. Prott
Download or read book Witnesses to History written by Lyndel V. Prott and published by UNESCO. This book was released on 2009-01-01 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.
