Download or read book Thinking about the Elgin Marbles written by John Henry Merryman and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly expanded array of essays. The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite),the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information.
Download or read book Thinking about the Elgin Marbles Critical Essays on Cultural Property Art and Law written by John Merryman and published by Springer. This book was released on 2000-05-19 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that still dominate the growing international debate about cultural property policy and are explored in subsequent essays: Why do people care about cultural property? Is cultural nationalism a sound organizing principle for dealing with cultural property questions? Or is it a relic of 19th century romanticism, kept alive by the power of Byron's poetry? How can cultural nationalism be rationalized with the idea that works of art and antiquities are 'the cultural heritage of all mankind?' What alternative ways are there of thinking about cultural property policy and law? The author examines in particular the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. In the second part of the book the author addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, a Professor of Art Law at Stanford University, is a leading international figure in cultural property and art law circles.
Download or read book International Law Museums and the Return of Cultural Objects written by Ana Filipa Vrdoljak and published by Cambridge University Press. This book was released on 2006-07-13 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the question of the return of cultural objects is by no means a new one, it has become the subject of increasingly intense debate in recent years. This important book explores the removal and the return of cultural objects from occupied communities during the last two centuries and analyses the concurrent evolution of international cultural heritage law. The book focuses on the significant influence exerted by British, U.S. and Australian governments and museums on international law and museum policy in response to restitution claims. It shows that these claims, far from heralding the long-feared dissolution of museums and their collections, provide museums with a vital, new role in the process of self-determination and cultural identity. Compelling and thought-provoking throughout, this book is essential reading for archaeologists, international lawyers and all those involved in cultural resource management.
Download or read book Global Administrative Law and EU Administrative Law written by Edoardo Chiti and published by Springer Science & Business Media. This book was released on 2011-07-03 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.
Download or read book International Heritage Law for Communities written by Lucas Lixinski and published by Oxford University Press. This book was released on 2019-05-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.
Download or read book Indigenous Cultural Property and International Law written by Shea Elizabeth Esterling and published by Taylor & Francis. This book was released on 2023-09-08 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.
Download or read book Art and Cultural Heritage written by Barbara T. Hoffman and published by Cambridge University Press. This book was released on 2006 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains relevant and pressing issues in the law, policy, and the practice of art and cultural heritage protection.
Download or read book Law and the Humanities written by Austin Sarat and published by Cambridge University Press. This book was released on 2009-10-30 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock taking both of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this 'law and' enterprise and will spur its further development.
Download or read book The Idea of Cultural Heritage written by Derek Gillman and published by Cambridge University Press. This book was released on 2010-04-12 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the competing claims that works of art belong either to a particular people and place, or to humankind.
Download or read book Cultural Diplomacy and the Heritage of Empire written by Cynthia Scott and published by Routledge. This book was released on 2019-11-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Diplomacy and the Heritage of Empire analyzes the history of the negotiations that led to the atypical return of colonial-era cultural property from the Netherlands to Indonesia in the 1970s. By doing so, the book shows that competing visions of post-colonial redress were contested throughout the era of post-World War II decolonization. Considering the danger this precedent posed to other countries, the book looks beyond the Dutch-Indonesian case to the “Elgin (Parthenon) Marbles” and “Benin Bronzes” controversies, as well as recent developments relating to returns in France and the Netherlands. Setting aside the “universalism versus nationalism” debate, Scott asserts that the deeper meaning of post-colonial cultural property disputes in European history has more to do with how officials of former colonial powers negotiated decolonization, while also creating contemporary understandings of their nations’ pasts. As a whole, the book expands the field of cultural restitution studies and offers a more nuanced understanding of the connections drawn between postcolonial national identity making and the extension of cultural diplomacy. Cultural Diplomacy and the Heritage of Empire offers a new perspective on the international influence of the UNGA and UNESCO on the return debate. As such, the book will be of interest to scholars, students and practitioners engaged in the study of cultural property diplomacy and law, museum and heritage studies, modern European history, post-colonial studies and historical anthropology.
Download or read book Statehood and Self Determination written by Duncan French and published by Cambridge University Press. This book was released on 2013-02-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concepts of statehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.
Download or read book The Routledge Companion to Cultural Property written by Jane Anderson and published by Routledge. This book was released on 2017-07-31 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Companion to Cultural Property contains new contributions from scholars working at the cutting edge of cultural property studies, bringing together diverse academic and professional perspectives to develop a coherent overview of this field of enquiry. The global range of authors use international case studies to encourage a comparative understanding of how cultural property has emerged in different parts of the world and continues to frame vital issues of national sovereignty, the free market, international law, and cultural heritage. Sections explore how cultural property is scaled to the state and the market; cultural property as law; cultural property and cultural rights; and emerging forms of cultural property, from yoga to the national archive. By bringing together disciplinary perspectives from anthropology, archaeology, law, Indigenous studies, history, folklore studies, and policy, this volume facilitates fresh debate and broadens our understanding of this issue of growing importance. This comprehensive and coherent statement of cultural property issues will be of great interest to cultural sector professionals and policy makers, as well as students and academic researchers engaged with cultural property in a variety of disciplines.
Download or read book The Old Bridge of Mostar and Increasing Respect for Cultural Property in Armed Conflict written by Jadranka Petrovic and published by Martinus Nijhoff Publishers. This book was released on 2012-11-01 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the study of the Old Bridge of Mostar, this book concerns the adequacy of the international humanitarian law regime relating to the targeting and destruction of immovable cultural property in armed conflict at both normative and enforcement level.
Download or read book Yearbook of Cultural Property Law 2007 written by Sherry Hutt and published by Routledge. This book was released on 2016-12-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.
Download or read book Law Ethics and the Visual Arts written by John Henry Merryman and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the collisions between the art world and the law, with a critical eye through a combination of primary source materials, excerpts from professional and art journals, and extensive textual notes. Topics analysed include + the fate of works of art in wartime, + the international trade in stolen and illegally exported cultural property, + artistic freedom, + censorship and state support for art and artists, + copyright, + droit moral and droit de suite, + the artist's professional life and death, + collectors in the art market, + income and estate taxation, + charitable donations and works of art, and + art museums and their collections. The authors are recognised experts in the field who have defined the canon in many aspects of art law.
Download or read book Cultural Heritage written by Adriana Campelo and published by Routledge. This book was released on 2018-11-15 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Heritage is a systematic, interdisciplinary examination of cultural heritage, which provides an up-to-date view of the field by drawing on various disciplines. The book offers a thorough, structured review of extant literature on heritage in tourism and pertinent challenges for cultural heritage. This book offers new ways of looking at cultural heritage assets against a backdrop of increasing economic and environmental pressures. It comprises a number of sections that each examine cultural heritage from the perspective of ethics and values, community relations and development, cultural entrepreneurship, economic viability and conservation, methodologies, impacts of tourism research, consumption, and urban and immaterial heritage. Encompassing global research perspectives from public management, visual culture, environmental management, and cultural entrepreneurship, Cultural Heritage is a crucial text for those working or interested in the heritage field.
Download or read book International Law and the Protection of Cultural Heritage written by Craig Forrest and published by Routledge. This book was released on 2012-08-06 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.
