China Cultural Heritage And International Law

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China, Cultural Heritage, and International Law

Hui Zhong
China Cultural Heritage and International Law Book PDF

Author : Hui Zhong
Publisher : Routledge
Page : 206 pages
File Size : 55,5 Mb
Release : 2017-11-27
Category : Law
ISBN : 9781351605694

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China, Cultural Heritage, and International Law by Hui Zhong Pdf

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.

Intangible Cultural Heritage in International Law

Lucas Lixinski
Intangible Cultural Heritage in International Law Book PDF

Author : Lucas Lixinski
Publisher : OUP Oxford
Page : 295 pages
File Size : 40,8 Mb
Release : 2013-06-13
Category : Law
ISBN : 9780199679508

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Intangible Cultural Heritage in International Law by Lucas Lixinski Pdf

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.

The Case for Repatriating China’s Cultural Objects

Zuozhen Liu
The Case for Repatriating China s Cultural Objects Book PDF

Author : Zuozhen Liu
Publisher : Springer
Page : 179 pages
File Size : 50,6 Mb
Release : 2016-02-25
Category : Law
ISBN : 9789811005978

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The Case for Repatriating China’s Cultural Objects by Zuozhen Liu Pdf

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.

Enforcing International Cultural Heritage Law

Francesco Francioni,James Gordley
Enforcing International Cultural Heritage Law Book PDF

Author : Francesco Francioni,James Gordley
Publisher : Oxford University Press
Page : 280 pages
File Size : 45,5 Mb
Release : 2013-06-06
Category : Law
ISBN : 9780199680245

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Enforcing International Cultural Heritage Law by Francesco Francioni,James Gordley Pdf

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.

Intellectual Property Protection of Traditional Cultural Expressions

Luo Li
Intellectual Property Protection of Traditional Cultural Expressions Book PDF

Author : Luo Li
Publisher : Springer Science & Business
Page : 253 pages
File Size : 46,5 Mb
Release : 2014-04-22
Category : Law
ISBN : 9783319045252

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Intellectual Property Protection of Traditional Cultural Expressions by Luo Li Pdf

The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.

Chinese Contemporary Perspectives on International Law

Xue Hanqin
Chinese Contemporary Perspectives on International Law Book PDF

Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 51,5 Mb
Release : 2012-08-21
Category : Law
ISBN : 9789004236141

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Chinese Contemporary Perspectives on International Law by Xue Hanqin Pdf

Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process. After an in-depth revisit of China’s position on sovereignty and non-interference from a historical and cultural perspective, the author further explores a few areas of importance where China’s viewpoints often invite general interest: human rights, sustainable development, and multilateralism and regional cooperation.

Intangible Cultural Heritage Under National and International Law

Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance
Intangible Cultural Heritage Under National and International Law Book PDF

Author : Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 50,5 Mb
Release : 2020-09-25
Category : Law
ISBN : 9781839100031

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Intangible Cultural Heritage Under National and International Law by Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance Pdf

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.

Reconsidering Cultural Heritage in East Asia

Akira Matsuda,Luisa Elena Mengoni
Reconsidering Cultural Heritage in East Asia Book PDF

Author : Akira Matsuda,Luisa Elena Mengoni
Publisher : Ubiquity Press
Page : 173 pages
File Size : 55,7 Mb
Release : 2016-09-27
Category : Art
ISBN : 9781909188891

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Reconsidering Cultural Heritage in East Asia by Akira Matsuda,Luisa Elena Mengoni Pdf

The concept of ‘cultural heritage’ has acquired increasing currency in culture, politics and societies in East Asia. However, in spite of a number of research projects in this field, our understanding of how the past and its material expressions have been perceived, conceptualised and experienced in this part of the world, and how these views affect contemporary local practices and notions of identity, particularly in a period of rapid economic development and increasing globalisation, is still very unclear. Preoccupation with cultural heritage - expressed in the rapid growth of national and private museums, the expansion of the antiquities’ market, revitalisation of local traditions, focus on ‘intangible cultural heritage’ and the development of cultural tourism - is something that directly or indirectly affects national policies and international relations. An investigation of how the concept of ‘cultural heritage’ has been and continues to be constructed in East Asia, drawing on several case studies taken from China, Japan and Korea, is thus timely and worthwhile.

Intangible Cultural Heritage in International Law

Lucas Lixinski
Intangible Cultural Heritage in International Law Book PDF

Author : Lucas Lixinski
Publisher : OUP Oxford
Page : 296 pages
File Size : 55,6 Mb
Release : 2013-06-13
Category : Law
ISBN : 9780191668890

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Intangible Cultural Heritage in International Law by Lucas Lixinski Pdf

This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily on critiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies. Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities, defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars and practitioners when understanding how to safeguard intangible heritage.

Frontiers of Cultural Heritage Law

James A.R. Nafziger
Frontiers of Cultural Heritage Law Book PDF

Author : James A.R. Nafziger
Publisher : BRILL
Page : 416 pages
File Size : 49,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004347649

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Frontiers of Cultural Heritage Law by James A.R. Nafziger Pdf

** 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.

Private International Law, Art and Cultural Heritage

Christa Roodt
Private International Law Art and Cultural Heritage Book PDF

Author : Christa Roodt
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 43,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781781002162

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Private International Law, Art and Cultural Heritage by Christa Roodt Pdf

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

Heritage, Culture and Rights

Andrea Durbach,Lucas Lixinski
Heritage Culture and Rights Book PDF

Author : Andrea Durbach,Lucas Lixinski
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 53,6 Mb
Release : 2017-05-18
Category : Political Science
ISBN : 9781509904242

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Heritage, Culture and Rights by Andrea Durbach,Lucas Lixinski Pdf

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

International Law and the Protection of Cultural Heritage

Craig Forrest
International Law and the Protection of Cultural Heritage Book PDF

Author : Craig Forrest
Publisher : Routledge
Page : 482 pages
File Size : 44,8 Mb
Release : 2012-08-06
Category : Law
ISBN : 9781135224509

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International Law and the Protection of Cultural Heritage by Craig Forrest Pdf

The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.

Cultural Heritage in International Investment Law and Arbitration

Valentina Vadi
Cultural Heritage in International Investment Law and Arbitration Book PDF

Author : Valentina Vadi
Publisher : Cambridge University Press
Page : 379 pages
File Size : 45,6 Mb
Release : 2014-03-13
Category : Law
ISBN : 9781107038486

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Cultural Heritage in International Investment Law and Arbitration by Valentina Vadi Pdf

Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

Underwater Cultural Heritage and International Law

Sarah Dromgoole
Underwater Cultural Heritage and International Law Book PDF

Author : Sarah Dromgoole
Publisher : Cambridge University Press
Page : 439 pages
File Size : 43,6 Mb
Release : 2013-07-25
Category : History
ISBN : 9780521842310

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Underwater Cultural Heritage and International Law by Sarah Dromgoole Pdf

The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.