State Succession In Cultural Property
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State Succession In Cultural Property
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Author : Andrzej Jakubowski
language : en
Publisher: OUP Oxford
Release Date : 2015-06-04
State Succession In Cultural Property written by Andrzej Jakubowski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-04 with Law categories.
The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts.
State Succession In Cultural Property
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Author : Andrzej Jakubowski
language : en
Publisher: Cultural Heritage Law and Poli
Release Date : 2015
State Succession In Cultural Property written by Andrzej Jakubowski and has been published by Cultural Heritage Law and Poli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This volume explains the legal effects of state succession on cultural property. It discusses to what extent the practice and the theory of state succession reflect the evolution of the idea of cultural heritage in international law. It attempts to reconstruct the principles regulating interstate arrangements, contextualising them within a broad historical and geographical framework.
Cultural Heritage Cultural Rights Cultural Diversity
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Author : Silvia Borelli
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-07-05
Cultural Heritage Cultural Rights Cultural Diversity written by Silvia Borelli and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-05 with Law categories.
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.
The Oxford Handbook Of International Cultural Heritage Law
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Author : Francesco Francioni
language : en
Publisher: Oxford University Press
Release Date : 2020-07-30
The Oxford Handbook Of International Cultural Heritage Law written by Francesco Francioni and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-30 with Law categories.
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.
Confronting Colonial Objects
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press
Release Date : 2024-01-13
Confronting Colonial Objects written by Carsten Stahn and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-13 with Law categories.
The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
The Destruction Of Cultural Property As A Weapon Of War
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Author : Helga Turku
language : en
Publisher: Springer
Release Date : 2017-07-24
The Destruction Of Cultural Property As A Weapon Of War written by Helga Turku and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-24 with Political Science categories.
This book aims to advance the understanding of cultural property in armed conflict, and its significance for anti-terrorism and peace-building strategies. As the author argues, ISIS’ orchestrated theft and destruction of cultural property has become a tactic of war. Through a historical, political, and legal analysis, this book explains the pathology of radical groups’ behavior toward cultural objects as part of their terror campaign. Using constructivist ideas, it explains the importance of cultural property in the context of short-term and long-term security and analyzes the evolution of laws and policies to protect it.
Enforcing International Cultural Heritage Law
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Author : Francesco Francioni
language : en
Publisher: OUP Oxford
Release Date : 2013-06-06
Enforcing International Cultural Heritage Law written by Francesco Francioni and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-06 with Law categories.
The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.
Cultural Objects And Reparative Justice
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Author : Patty Gerstenblith
language : en
Publisher: Oxford University Press
Release Date : 2023-10-05
Cultural Objects And Reparative Justice written by Patty Gerstenblith and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-05 with Law categories.
Cultural Objects and Reparative Justice provides a comprehensive legal and historical analysis surrounding a highly debated current question: Where should cultural objects that were removed without consent be located? This book follows an innovative, interdisciplinary approach based in law, history, art history, anthropology, and archaeology and proposes a paradigm for reparations. Tracing the historical foundations of the current legal framework, the work closely examines three factors that heavily informed the cultural heritage debate since the late eighteenth century: the rise of the encyclopaedic museum, the development of archaeology as a science, and the appropriation of objects in the context of armed conflict and colonialism. Each of these explorations is enriched by examples from around the globe and assessed on the international, national, and local level. Subjecting contested objects -such as the Parthenon Sculptures, those from the Yuanmingyuan Palace, the Benin artifacts, looted archaeological artefacts and human remains, and artwork stolen during the Holocaust - to this holistic approach enables a contextualisation of the unique history of appropriation of these objects. Cultural Objects and Reparative Justice outlines how current cultural heritage laws and ethical guidelines with respect to cultural heritage derive from a background of imperialism and colonialism. The book advocates for a new structure based on reparation, restitution, repatriation, compensation, and market regulation to cease perpetuating past harms and to disincentivize new ones.
Cultural Heritage
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Author : Sofie S. Berg
language : en
Publisher:
Release Date : 2017
Cultural Heritage written by Sofie S. Berg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Archival materials categories.
In this book, the authors begin by discussing research on the digitalization of cultural heritage, illuminating the centralization and specific conservatism of digitization in Poland, a low level of access to digitized objects, and poor acclimatization to user needs. Next, a study is presented on the ethical and legal aspects of shipwrecks with a complex ownership status due to the waters they lie in and because their cargo may belong to a community that was colonised, to one that does not exist today, or to a state whose territory belongs to a different, new state. This chapter concentrates on the varied formulas for shipwreck claim, as well as the debates on state succession for underwater cultural heritage and on the return of cultural objects found in shipwrecks. Next, an investigation is offered on the dimensions of design intervention for territorial Cultural Heritage, from the typology of the object of intervention to the scale of intervention, up to identifying the specific actions that can be implemented. The authors go on to review cultural policy agendas of the EU from the macro perspective in the context of EUs Europeana project as a case of digital humanities. Additionally, they discuss how the Europeana project is currently executed and what approach it is focused on. Documentation of cultural heritage is examined as a necessity, with its importance exemplified in today's tempestuous world, where many monuments vanish because of the advancement of human society, indifference, vandalism, terrorism, and other reasons. The new technologies established based on computer processing, laser technology, and geophysical principles are discussed. Next, a paper is presented with the goal of determining which non-invasive methods give the instructions for preparing the proper facsimile, or reprint of an out-of-print book that represents an identical reproduction of the original. In the final chapter, the authors deliberate on the modification of Building Information Modeling methodology to address the modeling and management of heritage/historic buildings, resulting in Heritage/Historic Building Information Modeling.
International Law Museums And The Return Of Cultural Objects
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Author : Ana Filipa Vrdoljak
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-13
International Law Museums And The Return Of Cultural Objects written by Ana Filipa Vrdoljak and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-13 with Art categories.
While the question of the return of cultural objects is by no means a new one, it has become the subject of increasingly intense debate in recent years. This important book explores the removal and the return of cultural objects from occupied communities during the last two centuries and analyses the concurrent evolution of international cultural heritage law. The book focuses on the significant influence exerted by British, U.S. and Australian governments and museums on international law and museum policy in response to restitution claims. It shows that these claims, far from heralding the long-feared dissolution of museums and their collections, provide museums with a vital, new role in the process of self-determination and cultural identity. Compelling and thought-provoking throughout, this book is essential reading for archaeologists, international lawyers and all those involved in cultural resource management.