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Private International Law, Art and Cultural Heritage

2015-04-30 Law
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Release : 2015-04-30
Genre : Law
Kind : eBook
Book Rating : 169/5 ( reviews)

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Book Synopsis Private International Law, Art and Cultural Heritage by : Christa Roodt

Download or read book Private International Law, Art and Cultural Heritage written by Christa Roodt. This book was released on 2015-04-30. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

Cultural Heritage Law

2012 Cultural property
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Release : 2012
Genre : Cultural property
Kind : eBook
Book Rating : 452/5 ( reviews)

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Book Synopsis Cultural Heritage Law by : James A. R. Nafziger

Download or read book Cultural Heritage Law written by James A. R. Nafziger. This book was released on 2012. 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.

The Oxford Handbook of International Cultural Heritage Law

2020-05-13 Law
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Release : 2020-05-13
Genre : Law
Kind : eBook
Book Rating : 872/5 ( reviews)

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Book Synopsis The Oxford Handbook of International Cultural Heritage Law by : Francesco Francioni

Download or read book The Oxford Handbook of International Cultural Heritage Law written by Francesco Francioni. This book was released on 2020-05-13. Available in PDF, EPUB and Kindle. Book excerpt: 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

Cultural Heritage as a Legal Hybrid

2022-07-19 Law
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Release : 2022-07-19
Genre : Law
Kind : eBook
Book Rating : 462/5 ( reviews)

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Book Synopsis Cultural Heritage as a Legal Hybrid by : Alicja Jagielska–Burduk

Download or read book Cultural Heritage as a Legal Hybrid written by Alicja Jagielska–Burduk. This book was released on 2022-07-19. Available in PDF, EPUB and Kindle. Book excerpt: This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

China, Cultural Heritage, and International Law

2017-11-27 Law
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Release : 2017-11-27
Genre : Law
Kind : eBook
Book Rating : 690/5 ( reviews)

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Book Synopsis China, Cultural Heritage, and International Law by : Hui Zhong

Download or read book China, Cultural Heritage, and International Law written by Hui Zhong. This book was released on 2017-11-27. Available in PDF, EPUB and Kindle. Book excerpt: China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

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