The Tension Between Rights And Cultural Heritage Protection In China
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The Tension Between Rights And Cultural Heritage Protection In China
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Author : Stefan Gruber
language : en
Publisher:
Release Date : 2017
The Tension Between Rights And Cultural Heritage Protection In China written by Stefan Gruber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
This paper highlights the tension between China's present cultural heritage conservation law and policy on the one hand and the promotion of human rights, particularly the rights to cultural heritage and cultural identity, on the other hand. It examines the links between the conservation of heritage and human rights in a legal and policy context and adopts the position that heritage protection and the concept of human rights are integrally linked. However, the chapter demonstrates that in current Chinese law and policy, these links are not adequately displayed--or are distinctly absent--to the detriment of many relevant stakeholders. In regard to cultural heritage, human rights are taken to include the rights of communities to identify, define, access, manage and control their heritage. The chapter is informed by the assumption that the recognition of the rights of people to their own cultural heritage and the provision for its adequate conservation contributes to the promotion of human rights, both in China and in other parts of the world. China is a particularly fascinating case study in this context as it features one of the world's oldest continuing cultures while simultaneously experiencing rapid development, significant social change, and an ongoing disappearance of cultural heritage on an immense scale over the last decades. In view of these challenges, the Chinese government has undertaken enormous steps in recent years to promote the protection of some of the nation's cultural heritage, although the focus in this regard appears to be rather on utilising cultural heritage as an economic source and promoting national unity and pride. As a consequence, China has become one of the countries with the highest number of heritage properties inscribed on the World Heritage List and the Intangible Heritage List. However, less prominent heritage assets are much less likely to be awarded adequate protection if they are not considered to be of sufficient economic or political value. Possible rights or interests of local stakeholders are regularly set aside. The tension between rights and cultural heritage protection in this context is illustrated by examples related to development and the intentional destruction of heritage, gentrification and inhabited heritage sites, and increases in cultural uniformity and loss of diversity.
Heritage Culture And Rights
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Author : Andrea Durbach
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-18
Heritage Culture And Rights written by Andrea Durbach and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Political Science categories.
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
Heritage Culture And Rights
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Author : Andrea Durbach
language : en
Publisher: Hart Publishing
Release Date : 2014
Heritage Culture And Rights written by Andrea Durbach and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Cultural property categories.
Cultural Heritage Politics In China
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Author : Tami Blumenfield
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-05-14
Cultural Heritage Politics In China written by Tami Blumenfield and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-14 with Social Science categories.
This volume explores China’s cultural heritage ideology and policies from three interrelated perspectives: the State and World Heritage tourism; cultural heritage tourism at undesignated sites, and the cultural politics of museums and collections. Something of a cultural heritage designation craze is happening in China. This is new within even the last five to ten years. Officials at many levels now see heritage preservation as a means for commoditizing their regions. They are devoting new resources and attention to national and international heritage designations. Thus, addressing cultural heritage politics in a nation dedicated to designation is an important project, particularly in the context of a rapidly growing economy. This volume is also important because it addresses a very wide range of cultural heritage, providing an excellent sample of case studies: historic vernacular urban environments, ethnic tourism, scenic tourism, pilgrimage as tourism, tourism and economic development, museums, border heritage, underwater remains, and the actual governance and management of the sites. This volume is an outstanding introduction to cultural heritage issues in China while contributing to Chinese studies for those with greater knowledge of the area.
China Cultural Heritage And International Law
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Author : Hui Zhong
language : en
Publisher: Routledge
Release Date : 2017-11-27
China Cultural Heritage And International Law written by Hui Zhong and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
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.
Heritage Politics In China
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Author : Yujie Zhu
language : en
Publisher: Routledge
Release Date : 2020-01-02
Heritage Politics In China written by Yujie Zhu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with History categories.
Heritage Politics in China: The Power of the Past studies the impact of heritage policies and discourses on the Chinese state and Chinese society. It sheds light on the way Chinese heritage policies have transformed the narratives and cultural practices of the past to serve the interests of the present. As well as reinforcing a collective social identity, heritage in China has served as an instrument of governance and regulation at home and a tool to generate soft power abroad. Drawing on a critical analysis of heritage policies and laws, empirical case studies and interviews with policymakers, practitioners, and local communities, the authors off er a comprehensive perspective on the role that cultural heritage plays in Chinese politics and policy. They argue that heritage-making appropriates international, national, and local values, thereby transforming it into a public good suitable for commercial exploitation. By framing heritage as a site of cooperation, contestation, and negotiation, this book contributes to our understanding of the complex nature of heritage in the rapidly shifting landscape of contemporary China. Heritage Politics in China: The Power of the Past is essential reading for academics, researchers and students in the fi elds of heritage studies, cultural studies, Asian studies, anthropology, tourism and politics.
Intangible Cultural Heritage As A Rhetoric
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Author : Xiaoqian Hu
language : en
Publisher:
Release Date : 2012
Intangible Cultural Heritage As A Rhetoric written by Xiaoqian Hu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Non State Actors In The Protection Of Cultural Heritage
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Author : Jihon Kim
language : en
Publisher: Springer Nature
Release Date : 2021-12-02
Non State Actors In The Protection Of Cultural Heritage written by Jihon Kim and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-02 with Social Science categories.
This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.
The Case For Repatriating China S Cultural Objects
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Author : Zuozhen Liu
language : en
Publisher: Springer
Release Date : 2016-02-25
The Case For Repatriating China S Cultural Objects written by Zuozhen Liu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.
This book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positive legal regimes, while the second part focuses on the philosphical, ethical, and cultural considerations regarding repatriation of cultural objects. Consisting of seven chapters and an introduction, it outlines the loss of Chinese cultural relics in modern history and the normative framework for the protection of cultural heritage. It presents case studies designed to assess the possibility of seeking legal remedies for restitution under contemporary legal regimes and examines the cultural and ethical issues underpinning the international conventions protecting cultural heritage and claims for the repatriation of cultural heritage. It also discusses issues of cultural identity, the right to cultural identity and heritage, multiculturalism, the politics of recognition, cosmopolitanism, the right to cultural heritage, and other related issues. The concluding chapter answers the two research questions and offers suggestions for future research.
Urban Re Development And The Preservation Of Traditional Heritage
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Author : Lai-Fong Sui
language : en
Publisher: Open Dissertation Press
Release Date : 2017-01-27
Urban Re Development And The Preservation Of Traditional Heritage written by Lai-Fong Sui and has been published by Open Dissertation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-27 with categories.
This dissertation, "Urban Re-development and the Preservation of Traditional Heritage: Hutongs in Beijing" by Lai-fong, Sui, 蕭麗芳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of dissertation entitled Urban Re-development and the Preservation of Traditional Heritage: Hutongs in Beijing Submitted by Sui Lai Fong for the degree of Master of Arts at The University of Hong Kong in June 2006 Being the national capital of China, Beijing is rich in cultural heritage. This is consisted of two main components: the Imperial Palace and hutongs. The former has been put under protection as a museum and with regular maintenance. The latter, however, is diminishing at a rate of 600 lanes per year. As the Chinese saying goes, "If there are no more hutongs then there will be no Beijing." The process of urbanization has intensified the tension between urban re-development and the preservation of traditional heritage such as hutongs in Beijing. With the 2008 Olympics Games approaching, the Beijing government introduced a citywide restoration project in 2000. Under this project, a number of hutongs have been placed under protection in recent years. To help protect the hutongs specifically, conservation plans have been carried out which aimed at retaining the cultural heritage of hutongs in Beijing. In this dissertation, the following three major research questions will be examined: 1. What is the significance of the hutongs in Beijing in terms of their cultural heritage value? 2. What has the Beijing government done to help preserve the hutongs? 3. What are the major problems encountered in preserving hutongs in Beijing? The objectives of the research project are threefold: to examine the tensions between urban re-development and the preservation of traditional heritage such as hutongs in Beijing; to understand the conservation work done by the government in retaining traditional heritage; and to assess the prospect of the development of hutongs in the future. DOI: 10.5353/th_b3661869 Subjects: Alleys - China - Beijing - Conservation and restoration Urban renewal - China - Beijing