Download or read book Cultural Heritage as a Legal Hybrid written by Alicja Jagielska–Burduk and published by Springer Nature. This book was released on 2022-07-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.
Download or read book Legal Issues in Cultural Heritage Management written by Alicja Jagielska-Burduk and published by PL Academic Research is. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts, fideikomissum and foundations along with property and their legal potential are vital for cultural heritage management in the future. The economic model of cultural heritage should comply with changes in the legal system. The national perspective plays an important part in cultural heritage management in an international context.
Download or read book Cultural Heritage as a Legal Hybrid written by Alicja Jagielska-Burduk and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries' solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book's target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.
Download or read book Cultural Heritage in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2014-03-13 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Download or read book A Research Agenda for Cultural Heritage Law written by Lucas Lixinski and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.
Download or read book Advanced Introduction to Cultural Heritage Law written by Lorenzo Casini and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.
Download or read book Cultural Heritage Under Siege written by James Cuno and published by Getty Publications. This book was released on 2020-09-08 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth volume of the J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy series is the result of a multi-day discussion on the issue of cultural heritage under siege. It features an edited collection of papers and discussions by nineteen scholars and practitioners of different specialties in the field of cultural heritage. This paper, along with the other Occasional Papers, is free and downloadable online.
Download or read book Law and Intangible Cultural Heritage in the City written by Sara Ross and published by Routledge. This book was released on 2019-06-20 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.
Download or read book Underwater Cultural Heritage and International Law written by Sarah Dromgoole and published by Cambridge University Press. This book was released on 2013-07-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.
Download or read book Intersections in International Cultural Heritage Law written by Anne-Marie Carstens and published by . This book was released on 2020 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, and the law. Book jacket.
Download or read book Private International Law Art and Cultural Heritage written by Christa Roodt and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Heritage Regimes and the State written by Bendix, Regina and published by Universitätsverlag Göttingen. This book was released on 2013-07-02 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when UNESCO heritage conventions are ratified by a state? How do UNESCO’s global efforts interact with preexisting local, regional and state efforts to conserve or promote culture? What new institutions emerge to address the mandate? The contributors to this volume focus on the work of translation and interpretation that ensues once heritage conventions are ratified and implemented. With seventeen case studies from Europe, Africa, the Caribbean and China, the volume provides comparative evidence for the divergent heritage regimes generated in states that differ in history and political organization. The cases illustrate how UNESCO’s aspiration to honor and celebrate cultural diversity diversifies itself. The very effort to adopt a global heritage regime forces myriad adaptations to particular state and interstate modalities of building and managing heritage.
Download or read book Anthropological Perspectives on Intangible Cultural Heritage written by Lourdes Arizpe and published by Springer Science & Business Media. This book was released on 2013-06-04 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: A decade after the approval of the UNESCO 2003 Convention for the Safeguarding of Intangible Cultural Heritage (ICH), the concept has gained wide acceptance at the local, national and international levels. Communities are recognizing and celebrating their Intangible Heritage; governments are devoting important efforts to the construction of national inventories; and anthropologists and professionals from different disciplines are forming a new field of study. The ten chapters of this book include the peer-reviewed papers of the First Planning Meeting of the International Social Science Council’s Commission on Research on ICH, which was held at the Centro Regional de Investigaciones Multidisciplinarias (UNAM) in Cuernavaca, Mexico in 2012. The papers are based on fieldwork and direct involvement in assessing and reconceptualizing the outcomes of the UNESCO Convention. The report in Appendix 1 highlights the main points raised during the sessions.
Download or read book The Oxford Handbook of International Cultural Heritage Law written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2020-05-13 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Settlement of International Cultural Heritage Disputes written by Alessandro Chechi and published by . This book was released on 2014 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported art objects. Another set of controversies has involved the protection of immovable cultural heritage. 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 this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may be 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. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book 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, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.
Download or read book Cultural Heritage in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2014-03-13 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can states adopt protectionist cultural policies? What are the limits, if any, to state intervention in cultural matters? A wide variety of cultural policies may interfere with foreign investments, and a tension therefore exists between the cultural policies of the host state and investment treaty provisions. In some cases, foreign investors have claimed that cultural policies have negatively affected their investments, thereby amounting to a breach of the relevant investment treaty. This study maps the relevant investor-state arbitrations concerning cultural elements and shows that arbitrators have increasingly taken cultural concerns into consideration in deciding cases brought before them, eventually contributing to the coalescence of general principles of law demanding the protection of cultural heritage.
Download or read book Intangible Cultural Heritage Under National and International Law written by Marie Cornu and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
