Download or read book The Protection of the Underwater Cultural Heritage written by Roberta Garabello and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).
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 Sustainable Development and Human Rights written by Laura Pineschi and published by Taylor & Francis. This book was released on 2023-12-04 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of cultural heritage - in both its tangible and intangible forms - to sustainable development and its economic, social and environmental components is increasingly evident in the recent practice of intergovernmental and non-governmental organizations at the universal and regional level. Due consideration for the integration of the cultural dimension in the implementation of Agenda 2030 has begun to grow in various international fora, including initiatives to emphasize the role and contribution of tangible and intangible heritage as drivers and enablers of sustainable development. It has also been recognized that the inherent links between cultural heritage and sustainable development cannot be correctly addressed without taking into account their various implications for the effective enjoyment of all human rights, including cultural rights. This book offers a thorough academic investigation on the importance of cultural heritage to sustainable development and cultural rights from an international law perspective. Providing an in-depth review of the possible intersections between cultural heritage, sustainable development and cultural rights and the limits of the current legal and institutional framework, it will be of interest to researchers and scholars of international law, cultural heritage law, environmental law and human rights law.
Download or read book Cultural Heritage and Development in Fragile Contexts written by Mirella Loda and published by Springer Nature. This book was released on with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intentional Destruction of Cultural Heritage and the Law written by Alberta Fabbricotti and published by Taylor & Francis. This book was released on 2024-09-09 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH). The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation. This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.
Download or read book Maritime Claims and Underwater Archaeology written by Mariano J. Aznar and published by BRILL. This book was released on 2021-10-25 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: When claiming territories, States use all kinds of legal, geographical, and historical arguments, as well aseffectivités. In recent maritime cases, States have begun using underwater archaeology and submerged heritage as a basis for their claims. This book takes a critical look at that policy.
Download or read book The Italian Yearbook of International Law Volume 17 2007 written by Luigi Ferrari Bravo and published by Italian Yearbook of Internatio. This book was released on 2008-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVII (2007) is organised in three main sections. The first contains doctrinal contributions on the timely issue of the individual right of access to justice and focuses on the Inter-American human rights system, on remedies against acts of international organisations and UN Security Council's targeted sanctions, and on the participation of amici curiae in investor-State arbitrations. This section includes also shorter notes on current developments in the field of private military contractors and foreign direct investment in the recovery of cultural heritage, as well as surveys of the practice of ICJ, ITLOS, international criminal tribunals, WTO, ICSID, and the ECtHR. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.
Download or read book International Institute for the Unification of Private Law UNIDROIT written by Lena Peters and published by Kluwer Law International B.V.. This book was released on 2017-11-20 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Institute for the Unification of Private Law (UNIDROIT) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of UNIDROIT for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Download or read book The Protection of Cultural Property in Armed Conflict written by Roger O'Keefe and published by Cambridge University Press. This book was released on 2006-12-14 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.
Download or read book Tutela conservazione e valorizzazione del patrimonio culturale della Palestina written by Fabio Maniscalco and published by . This book was released on 2005 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Standard setting in UNESCO written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standard-setting represents one of the main constitutional functions of UNESCO and an important tool for realizing the goals for which the organization was created. In addition to conventions and recommendations, the declarations adopted by the General Conference promulgate principles and norms intended to inspire the action of member states in specific fields of activity. Topics addressed in the first volume include methods of elaboration and implementation, constitutional objectives and legal commitments, international collaboration, and impact. Volume 2 contains conventions and agreements adopted by the General Conference and by intergovernmental conferences convened by UNESO itself or jointly by UNESCO and other international organizations as well as the recommendations issued by the General Conference, and UNESCO declarations. Together, these two volumes compose an invaluable commentary and reference work that should be of interest to scholars, practitioners, diplomats, policy-makers and students of international organizations.--Publisher's description.
Download or read book The 1972 World Heritage Convention written by and published by Oxford University Press. This book was released on 2023-10-17 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost fifty years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. The success of this Convention and its almost universal acceptance by the international community of states is due to the great appeal that recognising certain properties as “world heritage” has for national governments. Since the publication of the first Commentary, new problems have arisen in the management of world heritage sites. It has become increasingly difficult to properly monitor the conservation of the ever-growing mass of sites inscribed in the World Heritage List, and to resolve disputes over the formal designation of contested world heritage properties - a problem that has led to the withdrawal of the United States and Israel from UNESCO. New frontiers are now being explored for the expansion of the world heritage idea over marine areas beyond national jurisdiction, and the monopoly of the State in the identification, delineation, and presentation of world heritage properties is being increasingly challenged in the name of indigenous peoples' rights and by local communities claiming ownership over contested cultural sites. At the same time, the regime of world heritage protection has infiltrated other areas of international law, especially international economic law, investment arbitration, and the area of international criminal law. This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after half a century of uninterrupted implementing practice by State Parties and Treaty Bodies.
Download or read book Protection of Cultural Property in the Event of Armed Conflict written by Jiri Toman and published by Routledge. This book was released on 2017-07-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the request of UNESCO, Jiri Toman, Acting Director of the Henry Dunant Institute in Geneva has written this detailed analysis of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict - still the only universal legal instrument in this field. The author has used the materials that emerged from the preparatory work for the Convention and has taken numerous examples from UNESCO’s records about the application of the Convention in conflicts over the last 40 years to illustrate this article-by-article commentary on the Convention itself, the Regulations for its Execution, and its Protocol. The author establishes parallels with other international legal instruments such as the 1977 Protocols Additional to the 1949 Geneva Conventions or the other UNESCO conventions relating to cultural heritage and puts forward ideas for a more general study of the protection of cultural property in the event of armed conflict and the legal and practical ways of achieving this. This work should satisfy the expectations of politicians and those responsible for culture in the countries that are States Parties to the Convention, now numbering more than 80, and of those that are considering becoming parties to it, given the increasing calls being made for the international community to have greater powers to defend the cultural heritage from attacks to which it is too often exposed in armed conflicts today.
Download or read book Legal Systems for the Management of Protected Areas in Italy and Ukraine written by Gianfranco Tamburelli and published by Giuffrè Editore. This book was released on 2008 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cultural property in war improvement in protection written by Toman, Jirí and published by UNESCO Publishing. This book was released on 2009-12-15 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La circolazione internazionale dei beni culturali written by Manlio Frigo and published by Giuffrè Editore. This book was released on 2007 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume intende fornire un inquadramento critico delle principali questioni relative alla disciplina internazionale e interna dei beni culturali mobili e delle soluzioni normative proposte, al duplice fine di favorirne la circolazione lecita e di impedirne il traffico illecito. Allo scopo di fornire uno strumento di conoscenza e di lavoro, il panorama della cooperazione internazionale in materia è illustrato dalla pubblicazione delle più importanti convenzioni multilaterali (nei testi autentici) concluse sotto l'egida delle organizzazioni internazionali e regionali competenti nel settore (UNESCO, UNIDROIT, Consiglio d'Europa). Uno spazio adeguato è riservato alle disposizioni comunitarie che, a partire dai primi anni '90, hanno fortemente condizionato il modo di essere degli ordinamenti nazionali in materia di circolazione e di restituzione dei beni. Nel volume sono poi pubblicate tutte le più importanti norme italiane rilevanti nel settore, ivi inclusa la versione integrale del Codice dei beni culturali e del paesaggio del 2004. Infine, la sezione documentale, al cui interno trovano spazio i contributi più rilevanti espressi da organizzazioni internazionali, istituti specializzati, associazioni di categoria, enti e istituzioni pubbliche e private, costituisce un utile ausilio al lettore per una maggiore comprensione delle tendenze che si stanno attualmente affermando negli ambienti internazionali e delle istanze che da questi promanano.
