Regulating Transnational Heritage

Regulating Transnational Heritage
Author: Merima Bruncevic
Publisher: Routledge
Total Pages: 244
Release: 2021-10-20
Genre: Law
ISBN: 1000451879

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.

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.

Yearbook of Transnational History

Yearbook of Transnational History
Author: Thomas Adam
Publisher: Rowman & Littlefield
Total Pages: 285
Release: 2023-05-15
Genre:
ISBN: 1683933796

The Yearbook of Transnational History is dedicated to disseminating pioneering research in the field of transnational history. The ten chapters of this volume explore topics and themes of heritage creation from the Crusades to the Apollo space flights.

Between Truth and Power

Between Truth and Power
Author: Julie E. Cohen
Publisher: Oxford University Press
Total Pages: 377
Release: 2019
Genre: Law
ISBN: 0190246693

This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.

The Routledge Handbook of Heritage and the Law

The Routledge Handbook of Heritage and the Law
Author: Lucas Lixinski
Publisher: Taylor & Francis
Total Pages: 685
Release: 2024-02-14
Genre: Art
ISBN: 1003852262

The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways. Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared. The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license. Chapter 34 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons (CC-BY) 4.0 license. The Routledge Handbook of Heritage and the Law | Lucas Lixinski, Lucie (taylorfrancis.com)

Regulating Difference

Regulating Difference
Author: Marian Burchardt
Publisher: Rutgers University Press
Total Pages: 254
Release: 2020-04-17
Genre: Religion
ISBN: 1978809611

2021 ISSR Best Book Award (International Society for the Sociology of Religion) Transnational migration has contributed to the rise of religious diversity and has led to profound changes in the religious make-up of society across the Western world. As a result, societies and nation-states have faced the challenge of crafting ways to bring new religious communities into existing institutions and the legal frameworks. Regulating Difference explores how the state regulates religious diversity and examines the processes whereby religious diversity and expression becomes part of administrative landscapes of nation-states and people’s everyday lives. Arguing that concepts of nationhood are key to understanding the governance of religious diversity, Regulating Difference employs a transatlantic comparison of the Spanish region of Catalonia and the Canadian province of Quebec to show how processes of nation-building, religious heritage-making and the mobilization of divergent interpretations of secularism are co-implicated in shaping religious diversity. It argues that religious diversity has become central for governing national and urban spaces.

Cultural Heritage and Human Rights

Cultural Heritage and Human Rights
Author: Helaine Silverman
Publisher: Springer Science & Business Media
Total Pages: 211
Release: 2008-10-14
Genre: Social Science
ISBN: 0387765794

Is there a universal right to the free expression and preservation of cultural heritage, and if so, where is that right articulated and how can it be protected? No corner of today’s world has escaped the effects of globalization – for better or worse. This volume addresses a deeply political aspect of heritage preservation and management as it relates to human rights.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press, USA
Total Pages: 1089
Release: 2020-05-13
Genre: Law
ISBN: 0198859872

This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional and bilateral initiatives, including legal measures. Accordingly, the handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The book concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law, and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs

Creating and Governing Cultural Heritage in the European Union

Creating and Governing Cultural Heritage in the European Union
Author: Tuuli Lähdesmäki
Publisher: Routledge
Total Pages: 391
Release: 2020-04-28
Genre: History
ISBN: 0429620802

Creating and Governing Cultural Heritage in the European Union: The European Heritage Label provides an interdisciplinary examination of the ways in which European cultural heritage is created, communicated, and governed via the new European Heritage Label scheme. Drawing on ethnographic field research conducted across ten countries at sites that have been awarded with the European Heritage Label, the authors of the book approach heritage as an entangled social, spatial, temporal, discursive, narrative, performative, and embodied process. Recognising that heritage is inherently political and used by diverse actors as a tool for re-imagining communities, identities, and borders, and for generating notions of inclusion and exclusion in Europe, the book also considers the idea of Europe itself as a narrative. Chapters tackle issues such as multilevel governance of heritage; geopolitics of border-crossings and border-making; participation and non-participation; and embodiment and affective experience of heritage. Creating and Governing Cultural Heritage in the European Union advances heritage studies with an interdisciplinary approach that utilises and combines theories and conceptualizations from critical geopolitics, political studies, EU and European studies, cultural policy research, and cultural studies. As such, the volume will be of interest to scholars and students engaged in the study of heritage, politics, belonging, the EU, ideas, and narratives of Europe.