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 Litigating the Environment written by Justine Bendel and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.
Download or read book Fragmentation vs the Constitutionalisation of International Law written by Andrzej Jakubowski and published by Routledge. This book was released on 2016-07-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
Download or read book Cultural Heritage in International Economic Law written by Valentina Vadi and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Brownlie s Documents on Human Rights written by Ian Brownlie and published by Oxford University Press, USA. This book was released on 2010-06-24 with total page 1295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Basic Documents on Human Rights' provides a collection of key documents and covers all elements of the subject. It is an account of the most important instruments adopted by the UN, its agencies, regional organizations and other actors.
Download or read book The Diplomacy of Culture written by I. Kozymka and published by Springer. This book was released on 2014-04-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural diversity, because it is perceived to have significant security, developmental, and social implications, is fast becoming one of the major political issues of the day. At the international level, it overlaps with the now extensive debates on multiculturalism within states. This work shows how cultural diversity challenges the understanding of international relations as relations between states and, by looking at the issue through the magnifying glass of an international organization, offers innovative insights into the interplay between various levels of international society. The book examines in particular the role of UNESCO, the only United Nations agency responsible for culture and the main forum for international diplomacy on the issue of cultural diversity.
Download or read book The Protection of the Underwater Cultural Heritage written by Anastasia Stratē and published by Martinus Nijhoff Publishers. This book was released on 1995 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.
Download or read book Fragmentation Diversification and Expansion of International Law written by Canadian Council on International Law. Conference and published by . This book was released on 2006 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Protection of the Underwater Cultural Heritage An Emerging Objective of the Contemporary Law of the Sea written by Anastasia Strati and published by BRILL. This book was released on 2021-09-27 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.
Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dialogues on Human Rights and Legal Pluralism written by René Provost and published by Springer Science & Business Media. This book was released on 2012-08-10 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Download or read book Food Insecurity and Revolution in the Middle East and North Africa written by Habib Ayeb and published by Anthem Press. This book was released on 2019-09-30 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Food Insecurity and Revolution in the Middle East and North Africa’ studies the political economy of agrarian transformation in the eponymous regions. Examining Egypt and Tunisia in detail as case studies, it critiques the dominant tropes of food security offered by the international financial institutions and promotes the importance of small-scale family farming in developing sustainable food sovereignty. Egypt and Tunisia are located in the context of the broader Middle East and broader processes of war, environmental transformation and economic reform. The book contributes to uncovering the historical backdrop and contemporary pressures in the Middle East and North Africa for the uprisings of 2010 and 2011. It also explores the continued failure of post-uprising counter-revolutionary governments to directly address issues of rural development that put the position and role of small farmers centre stage.
Download or read book International Law between Universalism and Fragmentation written by Isabelle Buffard and published by BRILL. This book was released on 2009-02-28 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.
Download or read book 31e Symposium International FESF Strasbourg written by European Faculty of Land Use and Development. International Symposium and published by Peter Lang Publishing. This book was released on 2002 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of the current debate on regionalism from the symposium that focused on national an international politics concerning transnational activities and the discussion of cases from Europe, Africa, Asia and Latin America.
Download or read book The 2010 Nagoya Protocol on Access and Benefit sharing in Perspective written by Elisa Morgera and published by Martinus Nijhoff Publishers. This book was released on 2012-11-21 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective analyses the implications of this innovative environmental treaty for different areas of international law, and its implementation challenges in various regions and from the perspectives of various stakeholders.
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Download or read book Bibliograf a Sobre Tenencia de la Tierra written by Food and Agriculture Organization of the United Nations and published by . This book was released on 1955 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:
