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 : 89. 72 MB
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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 : 35. 70 MB
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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.

Stealing History

Author : Colleen Margaret Clarke
ISBN : 9781442260801
Genre : True Crime
File Size : 85. 73 MB
Format : PDF
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Art and cultural crime is a looming criminal enterprise with estimated losses of billions of dollars annually. How do these crimes happen? How prevalent are these crimes today? Stealing History looks at the security and policing surrounding these crimes, and how there is room for improvement to prevent more of history from being stolen.

China Cultural Heritage And International Law

Author : Hui Zhong
ISBN : 9781351605694
Genre : Law
File Size : 24. 8 MB
Format : PDF
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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.

Museum Ethics

Author : Gary Edson
ISBN : 9781134773954
Genre : Business & Economics
File Size : 53. 39 MB
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A number of developments in the museum movement during the last few years have forced museums to give greater attention to ethical issues. Members of a profession are increasingly regarded constituting an ethical community. Every person with such a community must have a sense of personal obligation as well as a responsibilty for others to assure ethical achievement. This volume firmly places notions of ethics in the field of action. Museum Ethics considers the theoretical and practical elements of the philosophy of conduct in relation to critical contemporaty issues and museums. This discussion encompasses the procurement of artifacts, the rights of indigenous peoples, repatriation, the politics of display, the conservation of objects and the role of education, as well as the day-to-day management of a museum. All persons active in museum matters, whether custodian, curator, or trustee have an ethical obligation to the museum profession and the public. This volume will allow the professional and student to work towards a more responsible and responsive museum community.

Intangible Cultural Heritage In International Law

Author : Lucas Lixinski
ISBN : 9780199679508
Genre : Law
File Size : 62. 77 MB
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Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

World Heritage And Human Rights

Author : Peter Bille Larsen
ISBN : 9781315402765
Genre : Social Science
File Size : 33. 57 MB
Format : PDF
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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.

Cultural Heritage Law

Author : James A. R. Nafziger
ISBN : 0857937456
Genre : Law
File Size : 72. 73 MB
Format : PDF, ePub
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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.

International Law Museums And The Return Of Cultural Objects

Author : Ana Filipa Vrdoljak
ISBN : 9780521841429
Genre : Art
File Size : 88. 81 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.

Heritage And Globalisation

Author : Sophia Labadi
ISBN : 9781136965265
Genre : Social Science
File Size : 53. 86 MB
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This volume analyzes the politics, policy and practice of cultural heritage at the global level, identifying the major directions in which international heritage practice is moving, and exploring the key issues likely to shape the cultural heritage field well into the twenty-first century. It examines the tensions between the universal claims of much heritage practice, particularly that associated with the World Heritage system, and national and local perspectives. It explores the international legal framework developed since World War Two to protect heritage, particularly at times of war, and from theft, showing how contemporary global problems of conflict and illicit trade continue to challenge the international legal system. Heritage and Globalisation critiques the incorporation of heritage in the world economy through the policies of international development organisations and the global tourism trade. It also approaches heritage from seldom-considered perspectives, as a form of aid, as a development paradigm, and as a form of sustainable practice. The book identifies some of the most pressing issues likely to face the heritage industry at a global level in coming decades, including the threat posed by climate change and the need for poverty reduction. Providing a historically and theoretically rigorous approach to heritage as a form of and manifestation of globalisation, the volume’s emphasis is on contemporary issues and new fields for heritage practice.

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