Federico Lenzerini
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0017
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
In contemporary international law, the tension between the public interest in safeguarding cultural heritage and private property rights — including investors' rights — is often hard to settle, as ...
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In contemporary international law, the tension between the public interest in safeguarding cultural heritage and private property rights — including investors' rights — is often hard to settle, as full realization of one of them may inescapably lead to sacrificing the other. Although this tension is resolved by domestic legislations through solutions that are sometimes quite heterogeneous, a considerable practice has evolved at the level of international investment arbitration, which allows some conclusions to be drawn concerning the existence of certain general principles of law regulating the interaction between the two values in question. In particular, certain restrictions to private property rights are legitimate for safeguarding cultural heritage, provided that they are applied in a proportional and non-discriminatory manner and investors are granted just compensation or financial aid and access to effective judicial remedies.Less
In contemporary international law, the tension between the public interest in safeguarding cultural heritage and private property rights — including investors' rights — is often hard to settle, as full realization of one of them may inescapably lead to sacrificing the other. Although this tension is resolved by domestic legislations through solutions that are sometimes quite heterogeneous, a considerable practice has evolved at the level of international investment arbitration, which allows some conclusions to be drawn concerning the existence of certain general principles of law regulating the interaction between the two values in question. In particular, certain restrictions to private property rights are legitimate for safeguarding cultural heritage, provided that they are applied in a proportional and non-discriminatory manner and investors are granted just compensation or financial aid and access to effective judicial remedies.
Gilberto Artioli
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199548262
- eISBN:
- 9780191723308
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548262.003.0004
- Subject:
- Physics, History of Physics
Present trends in the analytical characterization of cultural heritage materials are briefly reviewed, including the use of microbeams, portable instrumentation, non-invasive investigations, and ...
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Present trends in the analytical characterization of cultural heritage materials are briefly reviewed, including the use of microbeams, portable instrumentation, non-invasive investigations, and standardization of the results. Some of the persisting problems and pitfalls are discussed in the general frame of cultural heritage investigations. Digital databases and virtual reality are a growing area that ought to make life easier for cultural heritage management and research, provided that academic curricula keep up with the pace of current developments.Less
Present trends in the analytical characterization of cultural heritage materials are briefly reviewed, including the use of microbeams, portable instrumentation, non-invasive investigations, and standardization of the results. Some of the persisting problems and pitfalls are discussed in the general frame of cultural heritage investigations. Digital databases and virtual reality are a growing area that ought to make life easier for cultural heritage management and research, provided that academic curricula keep up with the pace of current developments.
Ana Filipa Vrdoljak
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780191001604
- eISBN:
- 9780191729447
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780191001604.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter discusses the protection of cultural heritage by humanitarian law (IHL), international human rights law (IHRL), and international criminal law (ICL). First, it outlines the exceptional ...
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This chapter discusses the protection of cultural heritage by humanitarian law (IHL), international human rights law (IHRL), and international criminal law (ICL). First, it outlines the exceptional treatment of cultural heritage in general international humanitarian law instruments including those covering non-international armed conflicts, and its overlap with international human rights law. Then, it details how this protection has been built upon by the specialist regime for the protection of cultural heritage during armed conflict and belligerent occupation developed under the auspices of UNESCO. Next, the chapter analyzes ICL jurisprudence from the International Military Tribunal, Nuremberg to the International Criminal Court for the former Yugoslavia, to show how efforts to prosecute violations of the laws and customs of war relating to cultural heritage have been intrinsic to the articulation and prosecution of crimes against humanity and genocide. Finally, it considers the evolving and potential future normative trends in this field in the light of recent developments with reference to obligations erga omnes, intentional destruction and the content of the obligation, and intangible heritage and cultural diversity.Less
This chapter discusses the protection of cultural heritage by humanitarian law (IHL), international human rights law (IHRL), and international criminal law (ICL). First, it outlines the exceptional treatment of cultural heritage in general international humanitarian law instruments including those covering non-international armed conflicts, and its overlap with international human rights law. Then, it details how this protection has been built upon by the specialist regime for the protection of cultural heritage during armed conflict and belligerent occupation developed under the auspices of UNESCO. Next, the chapter analyzes ICL jurisprudence from the International Military Tribunal, Nuremberg to the International Criminal Court for the former Yugoslavia, to show how efforts to prosecute violations of the laws and customs of war relating to cultural heritage have been intrinsic to the articulation and prosecution of crimes against humanity and genocide. Finally, it considers the evolving and potential future normative trends in this field in the light of recent developments with reference to obligations erga omnes, intentional destruction and the content of the obligation, and intangible heritage and cultural diversity.
Alan Peacock and Ilde Rizzo
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199213177
- eISBN:
- 9780191707124
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213177.001.0001
- Subject:
- Economics and Finance, Public and Welfare
A notable feature in cultural life is the growing demand to preserve and promote public access to historical buildings and sites and artistic treasures of the past. Governments are increasingly ...
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A notable feature in cultural life is the growing demand to preserve and promote public access to historical buildings and sites and artistic treasures of the past. Governments are increasingly involved in financing and regulating private attempts to meet this growing demand as well as extending their own provision of these treasures in state and locally owned museums and galleries. These developments raise important issues about the scope, content, and relevance of heritage policies in today's world. This book focuses on the impact of economic analysis on the formulation and implementation of heritage policy.Less
A notable feature in cultural life is the growing demand to preserve and promote public access to historical buildings and sites and artistic treasures of the past. Governments are increasingly involved in financing and regulating private attempts to meet this growing demand as well as extending their own provision of these treasures in state and locally owned museums and galleries. These developments raise important issues about the scope, content, and relevance of heritage policies in today's world. This book focuses on the impact of economic analysis on the formulation and implementation of heritage policy.
Lucas Lixinski
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199679508
- eISBN:
- 9780191758546
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679508.001.0001
- Subject:
- Law, Public International Law, Law of Obligations
This book offers a comprehensive look at the legal safeguarding of intangible cultural heritage (ICH). It maps the legal possibilities, both within institutions and more substantive solutions, ...
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This book offers a comprehensive look at the legal safeguarding of intangible cultural heritage (ICH). It maps the legal possibilities, both within institutions and more substantive solutions, pertaining ICH. By incorporating different disciplinary takes on the issues associated with safeguarding intangible heritage, this book tells a story about how the law works and ought to work towards protecting communities, as those from where ICH stems, and to whom benefits of its exploitation must return. ICH can be safeguarded by institutions on three different levels: international, regional and national. At the international level, the foremost initiative is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that ICH helps promote a common identity for the region, becoming thus a desirable staple of integration. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potentials and pitfalls of human rights law, intellectual property tools and contractual approaches. Human rights law is a useful tool because of the connection between ICH and cultural identity, but it disregards the important group dimension of heritage. Intellectual property offers the strongest form of protection, but it easily ossifies heritage. Finally, contractual approaches can be used, meaning legal arrangements directly amongst the different stakeholders interested in economically exploiting intangible heritage.Less
This book offers a comprehensive look at the legal safeguarding of intangible cultural heritage (ICH). It maps the legal possibilities, both within institutions and more substantive solutions, pertaining ICH. By incorporating different disciplinary takes on the issues associated with safeguarding intangible heritage, this book tells a story about how the law works and ought to work towards protecting communities, as those from where ICH stems, and to whom benefits of its exploitation must return. ICH can be safeguarded by institutions on three different levels: international, regional and national. At the international level, the foremost initiative is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that ICH helps promote a common identity for the region, becoming thus a desirable staple of integration. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potentials and pitfalls of human rights law, intellectual property tools and contractual approaches. Human rights law is a useful tool because of the connection between ICH and cultural identity, but it disregards the important group dimension of heritage. Intellectual property offers the strongest form of protection, but it easily ossifies heritage. Finally, contractual approaches can be used, meaning legal arrangements directly amongst the different stakeholders interested in economically exploiting intangible heritage.
Daniel A. Bell and Nicola Piper
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199277629
- eISBN:
- 9780191603303
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199277621.003.0009
- Subject:
- Political Science, Political Theory
The trend in Western liberal democracies is to extend to long-term residents most, if not all, the legal rights of citizens and improving their access to citizenship for immigrants and their ...
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The trend in Western liberal democracies is to extend to long-term residents most, if not all, the legal rights of citizens and improving their access to citizenship for immigrants and their descendants. The situation is different in developed East Asian societies, where the most migrant workers work under short-term contracts without the possibility of becoming equal members of the political community. It is argued that the special circumstances in East Asian societies may justify arrangements for differential rights. The practice of hiring foreign domestic workers ‘fits’ better with the Confucian cultural heritage in East Asia; there are cultural particularities underpinning the system in East Asia which may not be shared elsewhere.Less
The trend in Western liberal democracies is to extend to long-term residents most, if not all, the legal rights of citizens and improving their access to citizenship for immigrants and their descendants. The situation is different in developed East Asian societies, where the most migrant workers work under short-term contracts without the possibility of becoming equal members of the political community. It is argued that the special circumstances in East Asian societies may justify arrangements for differential rights. The practice of hiring foreign domestic workers ‘fits’ better with the Confucian cultural heritage in East Asia; there are cultural particularities underpinning the system in East Asia which may not be shared elsewhere.
Janet Blake
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198723516
- eISBN:
- 9780191790300
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198723516.003.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
Chapter 1 sets the scene for this book by addressing a series of important issues underlying cultural heritage policy and law. It provides a brief historical review of cultural heritage protection ...
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Chapter 1 sets the scene for this book by addressing a series of important issues underlying cultural heritage policy and law. It provides a brief historical review of cultural heritage protection from ancient to modern times and the development of legal frameworks for this, and considers the values that are implicit in cultural heritage. It deals with questions of terminology (heritage or property, tangible and intangible, safeguarding and protection) and with the apparent tension between characterizations of heritage as universal, national, and local, including the special position of indigenous heritage. This discussion also takes into account the new requirements and challenges posed by globalization with regard to heritage and potential responses to these.Less
Chapter 1 sets the scene for this book by addressing a series of important issues underlying cultural heritage policy and law. It provides a brief historical review of cultural heritage protection from ancient to modern times and the development of legal frameworks for this, and considers the values that are implicit in cultural heritage. It deals with questions of terminology (heritage or property, tangible and intangible, safeguarding and protection) and with the apparent tension between characterizations of heritage as universal, national, and local, including the special position of indigenous heritage. This discussion also takes into account the new requirements and challenges posed by globalization with regard to heritage and potential responses to these.
Alessandro Chechi
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198703990
- eISBN:
- 9780191773228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198703990.003.0002
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter consists of two parts. The first part looks at the meanings and the main implications of the concepts of “cultural property” and “cultural heritage”. It then examines the symbiosis ...
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This chapter consists of two parts. The first part looks at the meanings and the main implications of the concepts of “cultural property” and “cultural heritage”. It then examines the symbiosis between cultural heritage law and human rights law. The objective is to discuss the role that the human rights associated to culture (cultural rights) may have with respect to dispute prevention and dispute resolution. The second part of the chapter provides a working definition of “international dispute” and an overview of disputants, disputes, and dispute contexts. This survey aims at identifying the variety and complexity of clashes of interests and the substantive legal and political issues typically involved in the disputes arising in the cultural heritage realm.Less
This chapter consists of two parts. The first part looks at the meanings and the main implications of the concepts of “cultural property” and “cultural heritage”. It then examines the symbiosis between cultural heritage law and human rights law. The objective is to discuss the role that the human rights associated to culture (cultural rights) may have with respect to dispute prevention and dispute resolution. The second part of the chapter provides a working definition of “international dispute” and an overview of disputants, disputes, and dispute contexts. This survey aims at identifying the variety and complexity of clashes of interests and the substantive legal and political issues typically involved in the disputes arising in the cultural heritage realm.
Lucas Lixinski
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199679508
- eISBN:
- 9780191758546
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679508.003.0001
- Subject:
- Law, Public International Law, Law of Obligations
The chapter addresses the main theoretical tensions that permeate the book, also indicating the book’s central thesis and its structure. The introduction addresses the shift from cultural ‘property’ ...
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The chapter addresses the main theoretical tensions that permeate the book, also indicating the book’s central thesis and its structure. The introduction addresses the shift from cultural ‘property’ to ‘heritage’, the issue of commodification of heritage, the debate between cosmopolitanism and nationalism in heritage matters, the concept of intangible heritage, and the tension between the ideas of ‘western’ and ‘non-western’ heritage. It also discusses the rationales for safeguarding heritage in the first place, and how the choice of a rationale over others will ultimately affect the range of legal tools available. By addressing these tensions upfront, the introduction outlines the stakes of the entire book, and offers a foundation for a deeper discussion of the law in light of these theoretical issues in the other chapters.Less
The chapter addresses the main theoretical tensions that permeate the book, also indicating the book’s central thesis and its structure. The introduction addresses the shift from cultural ‘property’ to ‘heritage’, the issue of commodification of heritage, the debate between cosmopolitanism and nationalism in heritage matters, the concept of intangible heritage, and the tension between the ideas of ‘western’ and ‘non-western’ heritage. It also discusses the rationales for safeguarding heritage in the first place, and how the choice of a rationale over others will ultimately affect the range of legal tools available. By addressing these tensions upfront, the introduction outlines the stakes of the entire book, and offers a foundation for a deeper discussion of the law in light of these theoretical issues in the other chapters.
Phyllis Mauch Messenger and George S. Smith (eds)
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780813034607
- eISBN:
- 9780813039510
- Item type:
- book
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813034607.001.0001
- Subject:
- Archaeology, Methodology and Techniques
Even as places and objects that have particular cultural significance are increasingly valued in our global world, powerful forces threaten them with destruction. This book discusses the efforts of a ...
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Even as places and objects that have particular cultural significance are increasingly valued in our global world, powerful forces threaten them with destruction. This book discusses the efforts of a broad range of specialists devoted to safeguarding our cultural heritage. The book brings together an international group of scholars, featuring archaeologists, anthropologists, development specialists, and others engaged in the study, management, protection, and interpretation of places and objects that represent histories, traditions, and cultural identities. From international law to artifact preservation to site interpretation, there is a wide variety of approaches to the management of our cultural heritage. Combining the voices of scholars and practitioners, the book provides a diversity of voices and perspectives from people steeped in the issues that directly affect the future or the past.Less
Even as places and objects that have particular cultural significance are increasingly valued in our global world, powerful forces threaten them with destruction. This book discusses the efforts of a broad range of specialists devoted to safeguarding our cultural heritage. The book brings together an international group of scholars, featuring archaeologists, anthropologists, development specialists, and others engaged in the study, management, protection, and interpretation of places and objects that represent histories, traditions, and cultural identities. From international law to artifact preservation to site interpretation, there is a wide variety of approaches to the management of our cultural heritage. Combining the voices of scholars and practitioners, the book provides a diversity of voices and perspectives from people steeped in the issues that directly affect the future or the past.
William H. Jansen
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780813034607
- eISBN:
- 9780813039510
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813034607.003.0018
- Subject:
- Archaeology, Methodology and Techniques
To date, much of the international policy dialogue for the cause of cultural heritage preservation has been focused in a relatively limited arena that is most influenced by the United Nations ...
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To date, much of the international policy dialogue for the cause of cultural heritage preservation has been focused in a relatively limited arena that is most influenced by the United Nations Educational, Scientific and Cultural Organization (UNESCO). On such a global policy stage, cultural heritage may not, at first glance, loom large among the issues competing for international policy attention. This chapter explores the new opportunities for raising the policy profile of cultural heritage preservation on the international scene. It looks into the role of policy champions within the global policy context. The chapter also supports the active collaboration between cultural heritage and other professionals working with international and multilateral funding organizations.Less
To date, much of the international policy dialogue for the cause of cultural heritage preservation has been focused in a relatively limited arena that is most influenced by the United Nations Educational, Scientific and Cultural Organization (UNESCO). On such a global policy stage, cultural heritage may not, at first glance, loom large among the issues competing for international policy attention. This chapter explores the new opportunities for raising the policy profile of cultural heritage preservation on the international scene. It looks into the role of policy champions within the global policy context. The chapter also supports the active collaboration between cultural heritage and other professionals working with international and multilateral funding organizations.
Tullio Scovazzi
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199299614
- eISBN:
- 9780191714887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299614.003.0007
- Subject:
- Law, Public International Law
On November 6, 2001, the Convention on the Protection of the Underwater Cultural Heritage (CPUCH) was signed in Paris, France, with the United Nations Educational, Scientific, and Cultural ...
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On November 6, 2001, the Convention on the Protection of the Underwater Cultural Heritage (CPUCH) was signed in Paris, France, with the United Nations Educational, Scientific, and Cultural Organisation; or, UNESCO. When entered into force, it will apply to ‘all traces of human existence having a cultural, historical, or archaeological character, which have been partially or totally under water, periodically or continuously, for at least 100 years’. To explain the merit of the CPUCH, a basic consideration must be made. Any attempts to deal with the cultural heritage at sea inevitably have to face an unexpected obstacle; that is Article 303 of the United Nations Convention on the Law of the Sea (LOSC). This provision is not only incomplete but also counterproductive, and can be interpreted in a way which undermines the very objective of protecting the underwater cultural heritage. This chapter looks at some of the issues surrounding Article 303, including the law of salvage and finds, ‘first come, first served’ approach for archaeological and historical objects found on the continental shelf, regional cooperation, and freedom of the seas.Less
On November 6, 2001, the Convention on the Protection of the Underwater Cultural Heritage (CPUCH) was signed in Paris, France, with the United Nations Educational, Scientific, and Cultural Organisation; or, UNESCO. When entered into force, it will apply to ‘all traces of human existence having a cultural, historical, or archaeological character, which have been partially or totally under water, periodically or continuously, for at least 100 years’. To explain the merit of the CPUCH, a basic consideration must be made. Any attempts to deal with the cultural heritage at sea inevitably have to face an unexpected obstacle; that is Article 303 of the United Nations Convention on the Law of the Sea (LOSC). This provision is not only incomplete but also counterproductive, and can be interpreted in a way which undermines the very objective of protecting the underwater cultural heritage. This chapter looks at some of the issues surrounding Article 303, including the law of salvage and finds, ‘first come, first served’ approach for archaeological and historical objects found on the continental shelf, regional cooperation, and freedom of the seas.
Janet Blake
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198723516
- eISBN:
- 9780191790300
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198723516.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
This book explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. ...
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This book explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. Its scope, therefore, is not limited to the international law per se and 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. Following this approach, the book is organized into nine substantive chapters, each of which deals with a particular topic related to the protection of cultural heritage in peacetime and with an emphasis on the wider policy environment (including political, economic, and social issues) within which the law develops. The specific topics dealt with in these nine chapters are: introducing international cultural heritage law and its place in international law generally; the illicit excavation, export, and trade in cultural objects; cultural heritage located underwater; cultural heritage and the environment; intangible aspects of cultural heritage; protection of cultural products, goods, and services; intellectual property law and heritage; cultural heritage and human rights; and regional approaches and developments in cultural heritage policy- and law-making. 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.Less
This book explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. Its scope, therefore, is not limited to the international law per se and 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. Following this approach, the book is organized into nine substantive chapters, each of which deals with a particular topic related to the protection of cultural heritage in peacetime and with an emphasis on the wider policy environment (including political, economic, and social issues) within which the law develops. The specific topics dealt with in these nine chapters are: introducing international cultural heritage law and its place in international law generally; the illicit excavation, export, and trade in cultural objects; cultural heritage located underwater; cultural heritage and the environment; intangible aspects of cultural heritage; protection of cultural products, goods, and services; intellectual property law and heritage; cultural heritage and human rights; and regional approaches and developments in cultural heritage policy- and law-making. 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.
Andrzej Jakubowski
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198738060
- eISBN:
- 9780191801617
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198738060.003.0007
- Subject:
- Law, Public International Law
This chapter deals with alternative solutions applied in the current practice of state succession in cultural property, often driven by a concept of reconciliation. The impact of international ...
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This chapter deals with alternative solutions applied in the current practice of state succession in cultural property, often driven by a concept of reconciliation. The impact of international cultural heritage law on practice of state succession in matters of cultural heritage is discussed. In particular, the chapter analyses the succession to international cultural heritage obligations. In such a guise, the links between the protection of human rights and preservation of tangible cultural heritage are explored in relation to the peace processes in Bosnia–Herzegovina and Kosovo. It also deals with the procedural principle of cultural cooperation in respect of the resolution of cultural property disputes stemming from Second World War territorial changes and population transfers, and in respect of the post-colonial context. Finally, this chapter analyses the impact of international obligations with regard to the cultural heritage of mankind, including underwater heritage, on the practice and theory of state succession.Less
This chapter deals with alternative solutions applied in the current practice of state succession in cultural property, often driven by a concept of reconciliation. The impact of international cultural heritage law on practice of state succession in matters of cultural heritage is discussed. In particular, the chapter analyses the succession to international cultural heritage obligations. In such a guise, the links between the protection of human rights and preservation of tangible cultural heritage are explored in relation to the peace processes in Bosnia–Herzegovina and Kosovo. It also deals with the procedural principle of cultural cooperation in respect of the resolution of cultural property disputes stemming from Second World War territorial changes and population transfers, and in respect of the post-colonial context. Finally, this chapter analyses the impact of international obligations with regard to the cultural heritage of mankind, including underwater heritage, on the practice and theory of state succession.
Wang Yunxia
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199680245
- eISBN:
- 9780191760174
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199680245.003.0012
- Subject:
- Law, Public International Law
On 14 January 2009, China and the United States signed a Memorandum of Understanding (MoU) on import restrictions for cultural objects. This chapter assesses the legal basis, main contents, and the ...
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On 14 January 2009, China and the United States signed a Memorandum of Understanding (MoU) on import restrictions for cultural objects. This chapter assesses the legal basis, main contents, and the impact of the MoU on the protection of Chinese cultural heritage. It argues that despite the MoU's positive impact on protecting China's cultural heritage, some Chinese experts deem it far from satisfactory. They question provisions such as import restrictions for Chinese cultural objects that fall within the scope of the ‘designated list’ of the American government and with a history of over 250 years as a prerequisite; the fact that the MoU remains effective every five years, which can undermine long-term implementation; and the absence of retroactive force, which is detrimental to the return of Chinese cultural objects.Less
On 14 January 2009, China and the United States signed a Memorandum of Understanding (MoU) on import restrictions for cultural objects. This chapter assesses the legal basis, main contents, and the impact of the MoU on the protection of Chinese cultural heritage. It argues that despite the MoU's positive impact on protecting China's cultural heritage, some Chinese experts deem it far from satisfactory. They question provisions such as import restrictions for Chinese cultural objects that fall within the scope of the ‘designated list’ of the American government and with a history of over 250 years as a prerequisite; the fact that the MoU remains effective every five years, which can undermine long-term implementation; and the absence of retroactive force, which is detrimental to the return of Chinese cultural objects.
Federico Lenzerini
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199680245
- eISBN:
- 9780191760174
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199680245.003.0003
- Subject:
- Law, Public International Law
This chapter examines the recent jurisprudence of the International Criminal Tribunal for the Former Yugoslavia. It also looks at the practice of international and mixed criminal courts and tribunals ...
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This chapter examines the recent jurisprudence of the International Criminal Tribunal for the Former Yugoslavia. It also looks at the practice of international and mixed criminal courts and tribunals in the enforcement of the principle of individual criminal responsibility for offences against cultural heritage. It focuses on the role of international criminal law as a tool for the enforcement of cultural heritage law, because of the human dimension of cultural property, and its importance to peoples and communities as part of their cultural and spiritual identity. The examination of the case law, especially that arising from the Balkan wars, shows that the destruction of cultural heritage was neither the result of military necessity nor the unfortunate collateral damage of the conduct of hostility, but an intentional attack on an essential element of the life and identity of the targeted people, thus a continuation of ethnic cleansing by different means.Less
This chapter examines the recent jurisprudence of the International Criminal Tribunal for the Former Yugoslavia. It also looks at the practice of international and mixed criminal courts and tribunals in the enforcement of the principle of individual criminal responsibility for offences against cultural heritage. It focuses on the role of international criminal law as a tool for the enforcement of cultural heritage law, because of the human dimension of cultural property, and its importance to peoples and communities as part of their cultural and spiritual identity. The examination of the case law, especially that arising from the Balkan wars, shows that the destruction of cultural heritage was neither the result of military necessity nor the unfortunate collateral damage of the conduct of hostility, but an intentional attack on an essential element of the life and identity of the targeted people, thus a continuation of ethnic cleansing by different means.
Janet Blake
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198723516
- eISBN:
- 9780191790300
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198723516.003.0004
- Subject:
- Law, Public International Law, Environmental and Energy Law
Chapter 4 addresses the intimate and frequently mutual relationship that exists between the cultural and natural heritage. In order to understand this relationship better, the shared norms and ...
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Chapter 4 addresses the intimate and frequently mutual relationship that exists between the cultural and natural heritage. In order to understand this relationship better, the shared norms and approaches in cultural heritage and environmental law are considered including, inter alia, their character as non-renewable resources, the notion of common heritage, sustainability and integration, and inter-generation equity. Some of the most relevant cultural heritage and environmental law is analysed to draw out more clearly these practical, philosophical, and legal linkages. The UNESCO 1972 World Heritage and 2003 on Intangible Cultural Heritage Conventions and their implementation are examined in detail. Two illustrative cases are presented: (1) the relationship between cultural diversity, biological diversity, and environmental sustainability; and (2) how cultural heritage law may contribute towards mitigating and even preventing climate change.Less
Chapter 4 addresses the intimate and frequently mutual relationship that exists between the cultural and natural heritage. In order to understand this relationship better, the shared norms and approaches in cultural heritage and environmental law are considered including, inter alia, their character as non-renewable resources, the notion of common heritage, sustainability and integration, and inter-generation equity. Some of the most relevant cultural heritage and environmental law is analysed to draw out more clearly these practical, philosophical, and legal linkages. The UNESCO 1972 World Heritage and 2003 on Intangible Cultural Heritage Conventions and their implementation are examined in detail. Two illustrative cases are presented: (1) the relationship between cultural diversity, biological diversity, and environmental sustainability; and (2) how cultural heritage law may contribute towards mitigating and even preventing climate change.
Neil Brodie, Morag M. Kersel, and Kathryn Walker Tubb
- Published in print:
- 2006
- Published Online:
- September 2011
- ISBN:
- 9780813029726
- eISBN:
- 9780813039145
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813029726.003.0004
- Subject:
- Archaeology, Methodology and Techniques
This chapter discusses the other legal measures available to discourage or combat trade in antiquities and thus protect heritage at its source. It also examines patrimony laws, showing that the ...
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This chapter discusses the other legal measures available to discourage or combat trade in antiquities and thus protect heritage at its source. It also examines patrimony laws, showing that the conviction of Frederick Schultz in 2002 confirmed that one type of foreign patrimony law—state ownership of antiquities—is recognized by U.S. criminal courts, and as a result the force of the art museums' argument has been lessened. It first sets out the methodical, incremental progress that has been made, primarily in the American, British, and Swiss legal systems, and then contrasts this progress with the inability of these legal systems to respond effectively to sudden crises. In particular, recent progress in the legal regime to protect cultural heritage is covered. The recent crises in the protection of cultural heritage are then addressed.Less
This chapter discusses the other legal measures available to discourage or combat trade in antiquities and thus protect heritage at its source. It also examines patrimony laws, showing that the conviction of Frederick Schultz in 2002 confirmed that one type of foreign patrimony law—state ownership of antiquities—is recognized by U.S. criminal courts, and as a result the force of the art museums' argument has been lessened. It first sets out the methodical, incremental progress that has been made, primarily in the American, British, and Swiss legal systems, and then contrasts this progress with the inability of these legal systems to respond effectively to sudden crises. In particular, recent progress in the legal regime to protect cultural heritage is covered. The recent crises in the protection of cultural heritage are then addressed.
Chen Shen and Hong Chen
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780813034607
- eISBN:
- 9780813039510
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813034607.003.0006
- Subject:
- Archaeology, Methodology and Techniques
China has a rich and diverse cultural heritage representing the foundation of Chinese civilizations and cultural traditions. In the past two decades, China has demonstrated stunning economic ...
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China has a rich and diverse cultural heritage representing the foundation of Chinese civilizations and cultural traditions. In the past two decades, China has demonstrated stunning economic development, providing unprecedented opportunities for implementing managerial measures for cultural heritage conservation. This chapter discusses the practices of China's cultural heritage management (CHM) in relation to current economic development in the nation, and the problems arising from the challenges commonly seen during the development stage. It focuses on the existing system of CHM in China, evaluating common policies and practices, and then it looks at problems of CHM for the ongoing South-to-North Water Transfer Project that exemplifies the current problems of CHM practices in China.Less
China has a rich and diverse cultural heritage representing the foundation of Chinese civilizations and cultural traditions. In the past two decades, China has demonstrated stunning economic development, providing unprecedented opportunities for implementing managerial measures for cultural heritage conservation. This chapter discusses the practices of China's cultural heritage management (CHM) in relation to current economic development in the nation, and the problems arising from the challenges commonly seen during the development stage. It focuses on the existing system of CHM in China, evaluating common policies and practices, and then it looks at problems of CHM for the ongoing South-to-North Water Transfer Project that exemplifies the current problems of CHM practices in China.
Jérémie Gilbert
- Published in print:
- 2018
- Published Online:
- November 2018
- ISBN:
- 9780198795667
- eISBN:
- 9780191836978
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795667.003.0006
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter examines the connections between cultural practices, cultural rights, and natural resources, and focuses on three different approaches. The first examines the human rights discourse on ...
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This chapter examines the connections between cultural practices, cultural rights, and natural resources, and focuses on three different approaches. The first examines the human rights discourse on cultural diversity and how international human rights law has developed a link between the rights of minorities’ and indigenous peoples’ cultural practices and natural resources. The second focuses on cultural heritage and explores how the legal framework of cultural heritage is relevant to protecting certain traditional cultural practices and knowledge connected to the use of natural resources. The third concerns the connection between spirituality, religion, and natural resources, and examines how the human rights protection of religious practices and spirituality could be linked to a spiritual connection to natural resources.Less
This chapter examines the connections between cultural practices, cultural rights, and natural resources, and focuses on three different approaches. The first examines the human rights discourse on cultural diversity and how international human rights law has developed a link between the rights of minorities’ and indigenous peoples’ cultural practices and natural resources. The second focuses on cultural heritage and explores how the legal framework of cultural heritage is relevant to protecting certain traditional cultural practices and knowledge connected to the use of natural resources. The third concerns the connection between spirituality, religion, and natural resources, and examines how the human rights protection of religious practices and spirituality could be linked to a spiritual connection to natural resources.
