Download or read book International Heritage Law for Communities written by Lucas Lixinski and published by Oxford University Press, USA. This book was released on 2019-06-06 with total page 321 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 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 Intangible Cultural Heritage in International Law written by Lucas Lixinski and published by OUP Oxford. This book was released on 2013-06-13 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.
Download or read book International Cultural Heritage Law written by Janet E. Blake and published by Cultural Heritage Law and Poli. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed.
Download or read book Cultural Heritage Ethics written by Constantine Sandis and published by Open Book Publishers. This book was released on 2014-10-13 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory without practice is empty, practice without theory is blind, to adapt a phrase from Immanuel Kant. The sentiment could not be truer of cultural heritage ethics. This intra-disciplinary book bridges the gap between theory and practice by bringing together a stellar cast of academics, activists, consultants, journalists, lawyers, and museum practitioners, each contributing their own expertise to the wider debate of what cultural heritage means in the twenty-first century. Cultural Heritage Ethics provides cutting-edge arguments built on case studies of cultural heritage and its management in a range of geographical and cultural contexts. Moreover, the volume feels the pulse of the debate on heritage ethics by discussing timely issues such as access, acquisition, archaeological practice, curatorship, education, ethnology, historiography, integrity, legislation, memory, museum management, ownership, preservation, protection, public trust, restitution, human rights, stewardship, and tourism. This volume is neither a textbook nor a manifesto for any particular approach to heritage ethics, but a snapshot of different positions and approaches that will inspire both thought and action. Cultural Heritage Ethics provides invaluable reading for students and teachers of philosophy of archaeology, history and moral philosophy – and for anyone interested in the theory and practice of cultural preservation.
Download or read book Cultural Heritage and International Law written by Evelyne Lagrange and published by Springer. This book was released on 2018-07-04 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.
Download or read book Cultural Heritage Law written by James A. R. Nafziger and published by Edward Elgar Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive collection of leading articles spans a broad range of international legal issues related to both tangible cultural material - such as archaeological and indigenous objects, fine art, shipwrecks, and cultural sites - and intangible heritage such as traditional knowledge and genetic information. Specific topics include, among others, issues of definition and attribution, on-site protection of objects and sites, illegal trafficking and repatriation of objects, and protection of intangible heritage. Special attention is paid to applicable provisions of UNESCO treaties and other international instruments and to pertinent rules of private international law. A concluding section focuses on the resolution of cultural heritage disputes by litigation and alternative methods. Along with an introduction by Professor Nafziger, this authoritative volume will be immensely valuable to students and professionals alike.
Download or read book The Oxford Handbook of International Cultural Heritage Law written by Francesco Francioni and published by Oxford University Press. This book was released on 2020-07-30 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.
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.
Download or read book Law and Intangible Cultural Heritage in the City written by Sara Gwendolyn Ross and published by Routledge. This book was released on 2019-06-20 with total page 210 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 Regulating Transnational Heritage written by Merima Bruncevic and published by Routledge. This book was released on 2021-10-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a vast body of international and national law that regulates cultural heritage. However, the current regulation remains quite blind to the so called "transnational heritage". This is heritage where there is no community recognized in law that it can be directly attributed to and that can be responsible for its safekeeping and preservation. It can also be items of heritage where the claim of ownership is disputed between two or more peoples or communities. Transnational heritage challenges the idea of monolithic, mono-cultural, ethno-national states. There are a number of examples of such cultural heritage, for instance the Buddhist Bamiyan statutes in Afghanistan, Palmyra in Syria, the Jewish heritage of Iraq, or various items that are currently housed in large, often Western, museums, as a result of colonial practices. This book explores the regulation of transnational heritage. By discussing many cases of transnational heritage and the problems that arise due to the lack of regulation the book analyses the manifestations of memories and constructions of communities through heritage. It focuses particularly on the concept of community. How are communities constructed in cultural heritage law and what falls outside of the definitions of community? The book underlines that the issues surrounding transnational heritage involve more than a communal right to culture. It is argued that transnational heritage also directly affects wider matters of law such as citizenship, human rights, sovereignty, as well as the movement of people and cultural goods.
Download or read book Non State Actors in the Protection of Cultural Heritage written by Jihon Kim and published by Springer Nature. This book was released on 2021-12-02 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.
Download or read book Research Handbook on Contemporary Intangible Cultural Heritage written by Charlotte Waelde and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.
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 The Legal Protection of the Intangible Cultural Heritage written by Pier Luigi Petrillo and published by Springer. This book was released on 2019-06-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the global legal framework for safeguarding the “Intangible Cultural Heritage” – as defined by the UNESCO Convention in 2003 – and analyses its use in selected countries in the Americas, Asia, Africa and Europe. Each of the contributions has been prepared by high profile experts and strategically addresses countries that are representative for their corresponding area. Our understanding of the term “Cultural Heritage” has changed considerably over the past few decades, and it is becoming increasingly clear that the concept also includes traditions and living expressions that we inherit from our ancestors and pass on to our descendants. UNESCO has recognised and responded to this change of perspective, creating through the 2003 Convention an international instrument for safeguarding the “Intangible Cultural Heritage”, a notion including oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, as well as the knowledge and skills needed to produce traditional crafts. New values, practices and heritages were recognized – from the ancient African rituals to the Mexican Mariachi musical expression to the Brazilian Samba and the Mediterranean Diet – all of which convey strong social and cultural meaning for their community's identity. Intangible Cultural Heritage is a growing, relatively recent field of study and also an emblem of the dialogue between distant populations with different cultures, which is the reason why a comparative approach is the most appropriate basis for conducting an analysis of how the contracting states to the Convention live up to their commitments through national safeguarding measures and enhancement policies or through international cooperation projects.
Download or read book Intersections in International Cultural Heritage Law written by Anne Marie Carstens and published by Oxford University Press, USA. This book was released on 2020-05-20 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.
Download or read book Between Imagined Communities and Communities of Practice written by Nicolas Adell and published by Göttingen University Press. This book was released on 2015 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Community and participation have become central concepts in the nomination processes surrounding heritage, intersecting time and again with questions of territory. In this volume, anthropologists and legal scholars from France, Germany, Italy and the USA take up questions arising from these intertwined concerns from diverse perspectives: How and by whom were these concepts interpreted and re-interpreted, and what effects did they bring forth in their implementation? What impact was wielded by these terms, and what kinds of discursive formations did they bring forth? How do actors from local to national levels interpret these new components of the heritage regime, and how do actors within heritage-granting national and international bodies work it into their cultural and political agency? What is the role of experts and expertise, and when is scholarly knowledge expertise and when is it partisan? How do bureaucratic institutions translate the imperative of participation into concrete practices? Case studies from within and without the UNESCO matrix combine with essays probing larger concerns generated by the valuation and valorization of culture.
