Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law
Author: Anne Marie Carstens
Publisher: Oxford University Press, USA
Total Pages: 449
Release: 2020-05-20
Genre: Law
ISBN: 0198846290

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.

Intersections of Law and Culture at the International Criminal Court

Intersections of Law and Culture at the International Criminal Court
Author: Julie Fraser
Publisher: Edward Elgar Publishing
Total Pages: 456
Release: 2020-10-30
Genre: Law
ISBN: 1839107308

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

International Cultural Heritage Law

International Cultural Heritage Law
Author: Janet E. Blake
Publisher:
Total Pages: 385
Release: 2015
Genre: Law
ISBN: 0198723512

This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.

Enforcing International Cultural Heritage Law

Enforcing International Cultural Heritage Law
Author: Francesco Francioni
Publisher:
Total Pages: 280
Release: 2013-06-06
Genre: Law
ISBN: 0199680248

Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press
Total Pages: 1024
Release: 2020-07-30
Genre: Law
ISBN: 019260371X

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.

Advanced Introduction to Cultural Heritage Law

Advanced Introduction to Cultural Heritage Law
Author: Lorenzo Casini
Publisher: Edward Elgar Publishing
Total Pages: 171
Release: 2024-03-14
Genre: Law
ISBN: 1789900077

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.

A Research Agenda for Cultural Heritage Law

A Research Agenda for Cultural Heritage Law
Author: Lucas Lixinski
Publisher: Edward Elgar Publishing
Total Pages: 255
Release: 2024-08-06
Genre: Law
ISBN: 1035324423

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.

Cultural Heritage in International Economic Law

Cultural Heritage in International Economic Law
Author: Valentina Vadi
Publisher: Martinus Nijhoff Publishers
Total Pages: 525
Release: 2023
Genre: Business & Economics
ISBN: 9004347828

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.

Transcultural Diplomacy and International Law in Heritage Conservation

Transcultural Diplomacy and International Law in Heritage Conservation
Author: Olimpia Niglio
Publisher: Springer Nature
Total Pages: 435
Release: 2021-05-02
Genre: Social Science
ISBN: 981160309X

This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.