art and cultural heritage law policy and practice

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Art And Cultural Heritage

Author : Barbara T. Hoffman
ISBN : 0521857643
Genre : Law
File Size : 54. 86 MB
Format : PDF
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Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.

Enforcing International Cultural Heritage Law

Author : Francesco Francioni
ISBN : 9780199680245
Genre : Law
File Size : 54. 33 MB
Format : PDF
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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.

International Law Museums And The Return Of Cultural Objects

Author : Ana Filipa Vrdoljak
ISBN : 9780521841429
Genre : Art
File Size : 41. 59 MB
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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.

Music As Intangible Cultural Heritage

Author : Keith Howard
ISBN : 9781317092162
Genre : Music
File Size : 36. 78 MB
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Focussing on music traditions, these essays explore the policy, ideology and practice of preservation and promotion of East Asian intangible cultural heritage. For the first time, Japan, Korea, China and Taiwan - states that were amongst the first to establish legislation and systems for indigenous traditions - are considered together. Calls to preserve the intangible heritage have recently become louder, not least with increasing UNESCO attention. The imperative to preserve is, throughout the region, cast as a way to counter the perceived loss of cultural diversity caused by globalization, modernization, urbanization and the spread of the mass media. Four chapters - one each on China, Korea, Taiwan and Japan - incorporate a foundational overview of preservation policy and practice of musical intangible cultural heritage at the state level. These chapters are complemented by a set of chapters that explore how the practice of policy has impacted on specific musics, from Confucian ritual through Kam big song to the Okinawan sanshin. Each chapter is based on rich ethnographic data collected through extended fieldwork. The team of international contributors give both insider and outsider perspectives as they both account for, and critique, policy, ideology and practice in East Asian music as intangible cultural heritage.

China Cultural Heritage And International Law

Author : Hui Zhong
ISBN : 9781351605694
Genre : Law
File Size : 43. 3 MB
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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.

The Heritage Game

Author : Alan Peacock
ISBN : 9780191607455
Genre : Business & Economics
File Size : 90. 92 MB
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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. Written by two leading figures in the field of cultural economics, this authoritative book focuses on the impact of economic analysis on the formulation and implementation of heritage policy.

International Cultural Heritage Law

Author : Janet Blake
ISBN : 9780191035319
Genre : Law
File Size : 70. 32 MB
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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 analysing 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.

Art Cultural Heritage And The Law

Author : Patty Gerstenblith
ISBN : 1611632048
Genre : Law
File Size : 86. 44 MB
Format : PDF, Kindle
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"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."

World Heritage And Human Rights

Author : Peter Bille Larsen
ISBN : 9781315402765
Genre : Social Science
File Size : 71. 14 MB
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The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.

The Protection Of The Underwater Cultural Heritage

Author : Roberta Garabello
ISBN : 9041122036
Genre : Law
File Size : 79. 7 MB
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The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).

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