The Settlement Of International Cultural Heritage Disputes

Author : Alessandro Chechi
Publisher : OUP Oxford
Page : 400 pages
File Size : 42,9 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191009099

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The Settlement of International Cultural Heritage Disputes by Alessandro Chechi Pdf

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.

Author : Alessandro Chechi
Publisher : Unknown
Page : 343 pages
File Size : 47,7 Mb
Release : 2014
Category : Electronic
ISBN : 0191773220

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The Settlement of International Cultural Heritage Disputes by Alessandro Chechi Pdf

Author : Christa Roodt
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 41,5 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

Author : Alper Tașdelen
Publisher : Springer
Page : 227 pages
File Size : 40,6 Mb
Release : 2016-09-24
Category : Law
ISBN : 9783319440606

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The Return of Cultural Artefacts by Alper Tașdelen Pdf

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.

Author : Nehal Bhuta,Susanne Beck,Robin Geiβ
Publisher : Cambridge University Press
Page : 421 pages
File Size : 41,9 Mb
Release : 2016-09
Category : Law
ISBN : 9781107153561

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Autonomous Weapons Systems by Nehal Bhuta,Susanne Beck,Robin Geiβ Pdf

This examination of the implications and regulation of autonomous weapons systems combines contributions from law, robotics and philosophy.

Author : Marina Lostal
Publisher : Cambridge University Press
Page : 217 pages
File Size : 40,8 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107169210

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International Cultural Heritage Law in Armed Conflict by Marina Lostal Pdf

Using contemporary case studies, this book offers a novel legal perspective on the protection of cultural heritage during war.

Author : James A.R. Nafziger
Publisher : BRILL
Page : 416 pages
File Size : 50,7 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.

Author : Alessandro Chechi
Publisher : Cultural Heritage Law and Poli
Page : 385 pages
File Size : 44,6 Mb
Release : 2014
Category : Law
ISBN : 9780198703990

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The Settlement of International Cultural Heritage Disputes by Alessandro Chechi Pdf

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.

Author : Mara Wantuch-Thole
Publisher : Walter de Gruyter GmbH & Co KG
Page : 420 pages
File Size : 48,6 Mb
Release : 2015-03-10
Category : Law
ISBN : 9783110355772

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Cultural Property in Cross-Border Litigation by Mara Wantuch-Thole Pdf

This thesis comparatively investigates into thecross-border enforcementof claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms tosuccessfully implementthese rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.

Author : Silvia Borelli,Federico Lenzerini
Publisher : Martinus Nijhoff Publishers
Page : 460 pages
File Size : 49,9 Mb
Release : 2012-07-05
Category : Law
ISBN : 9789004228382

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Cultural Heritage, Cultural Rights, Cultural Diversity by Silvia Borelli,Federico Lenzerini Pdf

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.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 11 pages
File Size : 51,9 Mb
Release : 2023-11-10
Category : Law
ISBN : 8210379456XXX

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Alternative Dispute Resolution for Disputes Related to Intellectual Property and Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources* by World Intellectual Property Organization Pdf

This Brief introduces how alternative dispute resolution offers an alternative to formal court-based systems for tackling intellectual property disputes that may arise in relation to traditional knowledge, traditional cultural expressions and genetic resources.

Author : Irini A. Stamatoudi
Publisher : Edward Elgar Pub
Page : 401 pages
File Size : 40,6 Mb
Release : 2011
Category : Law
ISBN : 1848446616

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Cultural Property Law and Restitution by Irini A. Stamatoudi Pdf

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the authorÕs extensive experience of international disputes, it pr

Author : Joris D Kila
Publisher : Colonel Publishing
Page : 128 pages
File Size : 45,5 Mb
Release : 2017-11-20
Category : Electronic
ISBN : 0999493213

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The Wicked Problem of Cultural Heritage and Conflict by Joris D Kila Pdf

The world's cultural heritage is currently not only threatened by time, nature, and human development but increasingly by armed conflicts. We see destructions caused by looting and illicit traffic but also iconoclasm and manipulations of cultural heritage for political, religious, economic, and propaganda reasons. Revenues of illegal selling are often used to finance conflicts as illustrated in the Da'esh business model example in this publication. Cultural Property Protection (CPP), while legally mandatory under national and international law, is poorly implemented and sanctions are rarely enforced. There is however, a constant and international demand for education and outcomes of multidisciplinary research on the topic, especially in the context of conflict and crime. Research must include military perspectives, and common mechanisms connected to abuse and protection. Outcomes should contain academic conceptualization, as well as practice based solutions to diminish and mitigate damage. To meet demands while expanding, and following up on their previous work Military Involvement in Cultural Property Protection: An Overview (Joint Force Quarterly, JFQ 74, 3rd Quarter 2014 July 2014) the authors wrote this publication. It contains a selection of field case examples and incorporates recent developments and trends. All ingredients serve to feed research and dialogue about the use and abuse of cultural heritage especially in the event of conflict, with a focus on cooperation and coordination between civil stakeholders and military parties. A selection of identified fundamental CPP problems is discussed as part of a comparative analysis with field examples such as the Dugong case, an illustration of overlap between cultural and natural heritage coined as hybrid heritage. Other cases include events in Libya, Estonia, Iraq, Syria, Turkey and Mali. All are weighed against Rittel's wicked problems theory and other concepts while involving new notions of securitization, politicization, memorialization and propagandization of cultural property. Last but not least, the authors signal within circles of IO's, NGO's and Governmental parties involved in the management and protection of heritage, an increase of bureaucratic behavior and political use of mankind's cultural heritage contributing to the current deplorable situation.

Author : Catharine Titi
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2023
Category : Electronic
ISBN : 3031263588

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The Parthenon Marbles and International Law by Catharine Titi Pdf

The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum's 'Elgin Collection'. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then. Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context. The book is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage. This is a book that must be read with attention by all parties to this debate; and it is my hope and belief that it will accelerate the process by which an art-loving and philhellenic Britain finds a consensual way to return to its ancient ally a collection of broken and decontextualised fragments which illuminate a moment two and a half millennia ago when the city that pioneered democracy created a monument of transcendent beauty which embodied the values that inspire us still. Andrew Wallace-Hadrill, Emeritus Professor and Director of Research, Faculty of Classics, University of Cambridge Catharine Titi, a brilliant Greek academic lawyer based in Paris, has written a superb, entirely fresh account of the seemingly interminable 'Elgin Marbles' controversy. Cutting through the swathes of ideological obfuscation, she patiently and incontrovertibly demonstrates just how shaky in international law is the UK's case not alone for retention but even for the original possession let alone ownership of the Sculptures held in the British Museum. Paul Cartledge, AG Leventis Professor of Greek Culture emeritus, University of Cambridge.

Author : Sabine Schorlemer,Peter-Tobias Stoll
Publisher : Springer Science & Business Media
Page : 772 pages
File Size : 42,7 Mb
Release : 2012-05-23
Category : Law
ISBN : 9783642259951

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The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions by Sabine Schorlemer,Peter-Tobias Stoll Pdf

The 2005 UNESCO Convention on Cultural Diversity is a landmark agreement in modern international law of culture. It reflects the diverse and pluralist understanding of culture, as well as its growing commercial dimension. Thirty diplomats, practitioners and academics explain and assess this important agreement in a commentary style. Article by article, the evolution, concepts, contents and implications of the Convention are analysed in depth and are complemented by valuable recommendations for implementation. In an unprecedented way, the book draws on the first-hand insights of negotiators and on the experience of practitioners in implementation, including international cooperation, and combines this with a good deal of critical academic reflection. It is a valuable guide for those who deal with the Convention and its implementation in governments, diplomacy, international organizations, cultural institutions and non-governmental organizations and will also serve as an important resource for academic work in such fields as international law and international relations.