Handbook On The Law Of Cultural Heritage And International Trade

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Handbook on the Law of Cultural Heritage and International Trade

Author : James A R Nafziger,Robert Kirkwood Paterson
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 46,8 Mb
Release : 2014-04-25
Category : Political Science
ISBN : 9781781007341

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Handbook on the Law of Cultural Heritage and International Trade by James A R Nafziger,Robert Kirkwood Paterson Pdf

øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H

The Oxford Handbook of International Cultural Heritage Law

Author : Francesco Francioni,Ana Filipa Vrdoljak
Publisher : Oxford University Press
Page : 1024 pages
File Size : 55,7 Mb
Release : 2020-07-30
Category : Law
ISBN : 9780192603715

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The Oxford Handbook of International Cultural Heritage Law by Francesco Francioni,Ana Filipa Vrdoljak Pdf

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.

International Cultural Heritage Law

Author : Janet E. Blake
Publisher : Cultural Heritage Law and Poli
Page : 385 pages
File Size : 53,9 Mb
Release : 2015
Category : Law
ISBN : 9780198723516

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International Cultural Heritage Law by Janet E. Blake Pdf

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.

International Trade in Indigenous Cultural Heritage

Author : Christoph Beat Graber,Karolina Kuprecht,Jessica C. Lai
Publisher : Edward Elgar Publishing
Page : 535 pages
File Size : 49,7 Mb
Release : 2012-01-01
Category : Political Science
ISBN : 9780857938312

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International Trade in Indigenous Cultural Heritage by Christoph Beat Graber,Karolina Kuprecht,Jessica C. Lai Pdf

This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.

Research Handbook on Contemporary Intangible Cultural Heritage

Author : Charlotte Waelde,Catherine Cummings,Mathilde Pavis
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 41,9 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781786434012

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Research Handbook on Contemporary Intangible Cultural Heritage by Charlotte Waelde,Catherine Cummings,Mathilde Pavis Pdf

Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.

Research Handbook on Intellectual Property and Cultural Heritage

Author : Stamatoudi, Irini
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 49,5 Mb
Release : 2022-07-21
Category : Social Science
ISBN : 9781800376915

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Research Handbook on Intellectual Property and Cultural Heritage by Stamatoudi, Irini Pdf

This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.

The Oxford Handbook of International Cultural Heritage Law

Author : Francesco Francioni,Ana Filipa Vrdoljak
Publisher : Oxford University Press, USA
Page : 1089 pages
File Size : 47,9 Mb
Release : 2020-05-13
Category : Law
ISBN : 9780198859871

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The Oxford Handbook of International Cultural Heritage Law by Francesco Francioni,Ana Filipa Vrdoljak Pdf

This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional and bilateral initiatives, including legal measures. Accordingly, the handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The book concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law, and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs

Culture and International Economic Law

Author : Valentina Vadi,Bruno de Witte
Publisher : Routledge
Page : 307 pages
File Size : 40,8 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317910756

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Culture and International Economic Law by Valentina Vadi,Bruno de Witte Pdf

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Frontiers of Cultural Heritage Law

Author : James A.R. Nafziger
Publisher : BRILL
Page : 416 pages
File Size : 49,6 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.

Intangible Cultural Heritage Under National and International Law

Author : Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 43,7 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.

Cultural Heritage in International Economic Law

Author : Valentina Vadi
Publisher : Martinus Nijhoff Publishers
Page : 525 pages
File Size : 43,9 Mb
Release : 2023
Category : Business & Economics
ISBN : 9789004347823

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Cultural Heritage in International Economic Law by Valentina Vadi Pdf

In Cultural Heritage in International Economic Law, Valentina Vadi offers an account of how international economic law contributes to global cultural governance, analysing the promises and pitfalls of such contributions.

Intersections in International Cultural Heritage Law

Author : Anne Marie Carstens,Elizabeth Varner
Publisher : Oxford University Press, USA
Page : 449 pages
File Size : 40,7 Mb
Release : 2020-05-20
Category : Law
ISBN : 9780198846291

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Intersections in International Cultural Heritage Law by Anne Marie Carstens,Elizabeth Varner Pdf

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.

China, Cultural Heritage, and International Law

Author : Hui Zhong
Publisher : Routledge
Page : 206 pages
File Size : 53,7 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.

Private International Law, Art and Cultural Heritage

Author : Christa Roodt
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 53,8 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

Research Handbook on the International Law of Indigenous Rights

Author : Newman, Dwight
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 53,8 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781788115797

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Research Handbook on the International Law of Indigenous Rights by Newman, Dwight Pdf

This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.