Cultural Property Law And Restitution

Cultural Property Law And Restitution Book PDF
✏Book Title : Cultural Property Law and Restitution
✏Author : Irini A. Stamatoudi
✏Publisher : Edward Elgar Publishing
✏Release Date : 2011-01-01
✏Pages : 416
✏ISBN : 9780857930309
✏Available Language : English, Spanish, And French

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✏Cultural Property Law and Restitution Book Summary : This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.

International Law And The Protection Of Cultural Heritage Book PDF
✏Book Title : International Law and the Protection of Cultural Heritage
✏Author : Craig Forrest
✏Publisher : Routledge
✏Release Date : 2012-08-06
✏Pages : 480
✏ISBN : 9781135224509
✏Available Language : English, Spanish, And French

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✏International Law and the Protection of Cultural Heritage Book Summary : The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.

Intersections In International Cultural Heritage Law Book PDF
✏Book Title : Intersections in International Cultural Heritage Law
✏Author : Anne Marie Carstens
✏Publisher : Oxford University Press, USA
✏Release Date : 2020-05
✏Pages : 448
✏ISBN : 9780198846291
✏Available Language : English, Spanish, And French

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✏Intersections in International Cultural Heritage Law Book Summary : 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.

📒Cultural Property And Contested Ownership ✍ Brigitta Hauser-Schäublin

Cultural Property And Contested Ownership Book PDF
✏Book Title : Cultural Property and Contested Ownership
✏Author : Brigitta Hauser-Schäublin
✏Publisher : Routledge
✏Release Date : 2016-06-10
✏Pages : 260
✏ISBN : 9781317281825
✏Available Language : English, Spanish, And French

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✏Cultural Property and Contested Ownership Book Summary : Against the backdrop of international conventions and their implementation, Cultural Property and Contested Ownership explores how highly-valued cultural goods are traded and negotiated among diverging parties and their interests. Cultural artefacts, such as those kept and trafficked between art dealers, private collectors and museums, have become increasingly localized in a ‘Bermuda triangle’ of colonialism, looting and the black market, with their re-emergence resulting in disputes of ownership and claims for return. This interdisciplinary volume provides the first book-length investigation of the changing behaviours resulting from the effect of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The collection considers the impact of the Convention on the way antiquity dealers, museums and auction houses, as well as nation states and local communities, address issues of provenance, contested ownership, and the trafficking of cultural property. The book contains a range of contributions from anthropologists, lawyers, historians and archaeologists. Individual cases are examined from a bottom-up perspective and assessed from the viewpoint of international law in the Epilogue. Each section is contextualised by an introductory chapter from the editors.

International Law Museums And The Return Of Cultural Objects Book PDF
✏Book Title : International Law Museums and the Return of Cultural Objects
✏Author : Ana Filipa Vrdoljak
✏Publisher : Cambridge University Press
✏Release Date : 2006-07-13
✏Pages : 342
✏ISBN : 9780521841429
✏Available Language : English, Spanish, And French

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✏International Law Museums and the Return of Cultural Objects Book Summary : 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.

International Right To Restitution Of Cultural Property Removed As Spoils Of War Under Customary Internatonal Law Book PDF
✏Book Title : International Right to Restitution of Cultural Property Removed as Spoils of War Under Customary Internatonal Law
✏Author : Yue Zhang
✏Publisher :
✏Release Date : 2018
✏Pages : 422
✏ISBN : OCLC:1089836704
✏Available Language : English, Spanish, And French

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✏International Right to Restitution of Cultural Property Removed as Spoils of War Under Customary Internatonal Law Book Summary :

📒Imperialism Art And Restitution ✍ John Henry Merryman

Imperialism Art And Restitution Book PDF
✏Book Title : Imperialism Art and Restitution
✏Author : John Henry Merryman
✏Publisher : Cambridge University Press
✏Release Date : 2006-06-05
✏Pages : 267
✏ISBN : 9780521859295
✏Available Language : English, Spanish, And French

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✏Imperialism Art and Restitution Book Summary : This book is about whether or not great works of art should be returned.

China Cultural Heritage And International Law Book PDF
✏Book Title : China Cultural Heritage and International Law
✏Author : Hui Zhong
✏Publisher : Routledge
✏Release Date : 2017-11-27
✏Pages : 206
✏ISBN : 9781351605694
✏Available Language : English, Spanish, And French

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✏China Cultural Heritage and International Law Book Summary : 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.

State Succession In Cultural Property Book PDF
✏Book Title : State Succession in Cultural Property
✏Author : Andrzej Jakubowski
✏Publisher : Oxford University Press, USA
✏Release Date : 2015-05-14
✏Pages : 400
✏ISBN : 9780198738060
✏Available Language : English, Spanish, And French

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✏State Succession in Cultural Property Book Summary : This volume explains the legal effects of state succession on cultural property. It discusses to what extent the practice and the theory of state succession reflect the evolution of the idea of cultural heritage in international law. It attempts to reconstruct the principles regulating interstate arrangements, contextualising them within a broad historical and geographical framework.

Yearbook Of Cultural Property Law 2010 Book PDF
✏Book Title : Yearbook of Cultural Property Law 2010
✏Author : Sherry Hutt
✏Publisher : Routledge
✏Release Date : 2016-12-05
✏Pages : 284
✏ISBN : 9781315415314
✏Available Language : English, Spanish, And French

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✏Yearbook of Cultural Property Law 2010 Book Summary : The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.

Private International Law Art And Cultural Heritage Book PDF
✏Book Title : Private International Law Art and Cultural Heritage
✏Author : Christa Roodt
✏Publisher : Edward Elgar Publishing
✏Release Date : 2015-04-30
✏Pages : 416
✏ISBN : 9781781002162
✏Available Language : English, Spanish, And French

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✏Private International Law Art and Cultural Heritage Book Summary : 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

Handbook On The Law Of Cultural Heritage And International Trade Book PDF
✏Book Title : Handbook on the Law of Cultural Heritage and International Trade
✏Author : James A R Nafziger
✏Publisher : Edward Elgar Publishing
✏Release Date : 2014-04-25
✏Pages : 672
✏ISBN : 9781781007341
✏Available Language : English, Spanish, And French

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✏Handbook on the Law of Cultural Heritage and International Trade Book Summary : øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H

Making The Restitution Of Benin Cultural Heritage Effective Advocacy And Management Strategies Book PDF
✏Book Title : Making the Restitution of Benin Cultural Heritage Effective Advocacy and Management Strategies
✏Author : Espéra Donouvossi
✏Publisher : GRIN Verlag
✏Release Date : 2019-12-04
✏Pages : 80
✏ISBN : 9783346077271
✏Available Language : English, Spanish, And French

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✏Making the Restitution of Benin Cultural Heritage Effective Advocacy and Management Strategies Book Summary : Master's Thesis from the year 2018 in the subject African Studies - Culture and Applied Geography, grade: 10, University of Lyon 2 (Institut de la Communication), course: Cultural Policy and Management, language: English, abstract: The thesis is developed in line with the current debates surrounding the demand of restitution of cultural property by the Republic of Benin to France. The goal is then to explore the circumstances in which the claimed artifacts were taken from Benin and the ethical concerns of looting a country’s cultural heritage. What are the cultural consequences of colonialization in Africa and particularly in Benin? What does restitution mean and how does it help address cultural consequences of colonialization? What are the main national and international legal frameworks and instruments related to the protection and restitution of cultural property? What does the restitution mean and how important it is for Benin? Does the country fulfil all the requirements to make the restitution effective and protect its cultural property? What’s the country’s cultural policy in relation to cultural heritage protection and promotion? What’s the project behind the restitution claim and how will it more valorize the artifacts? Through colonization, plunder and massive theft, the former Kingdom of Danxômè, current Republic of Benin has lost since 1892 significant amount of irreplaceable works of art and artifacts which represent valuable symbols and information on Benin people’s cultures and identities. This has caused the displacement, distortion, disintegration and identity deconstruction of the traditional and indigenous people and cultures. However, while Benin government may have a strong ethical and political case for the restitution, research clearly shows that the juridical case is very weak and represents an infirmity in the effectiveness of the ongoing restitution process. Consequently, this thesis explores alternative means and advocacy strategies for effective restitution.

The Oxford Handbook Of International Cultural Heritage Law Book PDF
✏Book Title : The Oxford Handbook of International Cultural Heritage Law
✏Author : Francesco Francioni
✏Publisher : Oxford University Press
✏Release Date : 2020-07-23
✏Pages : 1024
✏ISBN : 9780192603708
✏Available Language : English, Spanish, And French

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✏The Oxford Handbook of International Cultural Heritage Law Book Summary : This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.

Yearbook Of Cultural Property Law 2009 Book PDF
✏Book Title : YEARBOOK OF CULTURAL PROPERTY LAW 2009
✏Author : Sherry Hutt
✏Publisher : Left Coast Press
✏Release Date : 2009-04-15
✏Pages : 367
✏ISBN : 9781598744194
✏Available Language : English, Spanish, And French

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✏YEARBOOK OF CULTURAL PROPERTY LAW 2009 Book Summary : The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.

Enforcing International Cultural Heritage Law Book PDF
✏Book Title : Enforcing International Cultural Heritage Law
✏Author : Francesco Francioni
✏Publisher : OUP Oxford
✏Release Date : 2013-06-06
✏Pages : 280
✏ISBN : 9780191669637
✏Available Language : English, Spanish, And French

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✏Enforcing International Cultural Heritage Law Book Summary : The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.

Cultural Heritage Cultural Rights Cultural Diversity Book PDF
✏Book Title : Cultural Heritage Cultural Rights Cultural Diversity
✏Author : Silvia Borelli
✏Publisher : Martinus Nijhoff Publishers
✏Release Date : 2012-07-05
✏Pages : 440
✏ISBN : 9789004228399
✏Available Language : English, Spanish, And French

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✏Cultural Heritage Cultural Rights Cultural Diversity Book Summary : This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.

The Settlement Of International Cultural Heritage Disputes Book PDF
✏Book Title : The Settlement of International Cultural Heritage Disputes
✏Author : Alessandro Chechi
✏Publisher : Oxford University Press, USA
✏Release Date : 2014
✏Pages : 343
✏ISBN : 9780198703990
✏Available Language : English, Spanish, And French

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✏The Settlement of International Cultural Heritage Disputes Book Summary : The international practice of the past forty years shows the proliferation of a great variety of disputes concerning tangible cultural heritage. These mostly consist of inter-State and private claims about artworks stolen or illegally exported, and controversies regarding the protection of monuments and cultural spaces, not only from war-like situations, but also from non-violent processes, such as the realisation of investment projects. This book discusses whether an improvement in the manner in which these disputes are dealt with may enhance the international protection of cultural heritage.

Cultural Assets And The Problem Of Property Book PDF
✏Book Title : Cultural Assets and the Problem of Property
✏Author : Grażyna Czubek
✏Publisher :
✏Release Date : 2005
✏Pages : 295
✏ISBN : STANFORD:36105122007714
✏Available Language : English, Spanish, And French

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✏Cultural Assets and the Problem of Property Book Summary :

Indigenous Peoples Cultural Property Claims Book PDF
✏Book Title : Indigenous Peoples Cultural Property Claims
✏Author : Karolina Kuprecht
✏Publisher : Springer Science & Business Media
✏Release Date : 2013-11-19
✏Pages : 241
✏ISBN : 9783319016559
✏Available Language : English, Spanish, And French

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✏Indigenous Peoples Cultural Property Claims Book Summary : This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.​

The Ethics Of Collecting Cultural Property Book PDF
✏Book Title : The Ethics of Collecting Cultural Property
✏Author : Phyllis Mauch Messenger
✏Publisher : UNM Press
✏Release Date : 1999
✏Pages : 301
✏ISBN : 0826321259
✏Available Language : English, Spanish, And French

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✏The Ethics of Collecting Cultural Property Book Summary : The Ethics of Collecting Cultural Property explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts. Twenty-two contributors, representing archaeology, law, museum administration, art history, and philosophy, suggest how the numerous interested parties, often at odds, can cooperate to resolve cultural heritage, ownership, and repatriation issues, and improve the protection of cultural property worldwide.

📒Witnesses To History ✍ Lyndel V. Prott

Witnesses To History Book PDF
✏Book Title : Witnesses to History
✏Author : Lyndel V. Prott
✏Publisher : UNESCO
✏Release Date : 2009
✏Pages : 439
✏ISBN : 9789231041280
✏Available Language : English, Spanish, And French

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✏Witnesses to History Book Summary : This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.

Rethinking Eu Cultural Property Law Towards Private Enforcement Book PDF
✏Book Title : Rethinking EU Cultural Property Law Towards Private Enforcement
✏Author : Matthias Weller
✏Publisher : Nomos Verlag
✏Release Date : 2018-07-16
✏Pages : 174
✏ISBN : 9783845290140
✏Available Language : English, Spanish, And French

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✏Rethinking EU Cultural Property Law Towards Private Enforcement Book Summary : Die Restitution von abhanden gekommenen oder kriegsbedingt verbrachten Kunstwerken und Kulturgütern wirft fast immer Fragen des Internationalen Privatrechts auf. Zugleich sehen sich Anspruchsteller regelmäßig vor großen Schwierigkeiten bei der Durchsetzung privatrechtlicher Ansprüche in grenzüberschreitenden Sachverhalten. Dies betrifft vor allem illegal ausgegrabene und aus aktuellen Krisen- und Kriegsgebieten ausgeführte archäologische Objekte, aber auch NS-Raubkunst. Das Europäische Parlament hat deswegen überprüfen lassen, ob die EU gesetzgeberische Maßnahmen zur Stärkung und Förderung des "private enforcement" im Kulturgutschutzrecht ergreifen sollte. Der vorliegende Text enthält die hierzu vom Europäischen Parlament in Auftrag gegebene Studie und die hieraus bisher abgeleiteten Folgerungen.

📒Art Treasures And War ✍ Wojciech Kowalski

Art Treasures And War Book PDF
✏Book Title : Art Treasures and War
✏Author : Wojciech Kowalski
✏Publisher : Inst of Art & Law
✏Release Date : 1998
✏Pages : 174
✏ISBN : 0953169618
✏Available Language : English, Spanish, And French

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✏Art Treasures and War Book Summary : The first objective of this timely reprint is to define the meaning of the term 'restitution' in international law in contrast with the other terms used in this area. The book then considers the opinions of various lawyers and academics, and the development of rules of international law relating to the return of cultural goods, alongside a study of the development of the practice of restitution. In the light of this general discussion, specific issues receive more detailed treatment, in particular the regulations of 'Allied Restitution Law, ' which came into force in various forms and situations after World War II. Art Treasures and War concludes with a summary of the historical evolution of the legal model of restitution. The Appendix contains a wealth of material, including the Regulation concerning confiscation of works of art in German-occupied Poland; the Inter-Allied Declaration against Acts of Dispossession; the Final Act and Annex of the Paris Conference on Reparations; Law No. 52: Blocking and Control of Property, British Zone; General Order No. 6: Declaration of Looted Property in British Zone; Law No. 59: Restitution of Identifiable Property (US Zone); Military Government Regulations, Title 18: Monuments, Fine Arts and Archives, US Zone

Complementary Alternative Mechanisms Beyond Restitution Book PDF
✏Book Title : Complementary Alternative Mechanisms Beyond Restitution
✏Author : Robert Peters
✏Publisher :
✏Release Date : 2011
✏Pages : 381
✏ISBN : OCLC:851516668
✏Available Language : English, Spanish, And French

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✏Complementary Alternative Mechanisms Beyond Restitution Book Summary : Disputes over the restitution and return of cultural materials have steadily increased in recent years. While several restitution claims pertaining to Nazi-confiscated art have been resolved, other cases relating to the appropriation of cultural materials during war, foreign or colonial occupation, theft, or as a consequence of illicit trafficking have proliferated. Despite these challenges and recent developments in international law, international treaty law and current State practice in resolving restitution disputes primarily focus on arguments associated with State interests and property rights, and thus do little to accommodate the interests of the various stakeholders involved in restitution disputes. Moreover, because of major legal obstacles claimants face in restitution cases (namely the non-retroactivity of international treaty law, the protection of the bona fide purchaser and provisions on the lapse of time), a purely legal approach is not a viable option in many restitution disputes. Therefore, this dissertation introduces an approach that aims at taking into account the interests of the various stakeholders in the resolution of these disputes. In a second step, complementary and alternative mechanisms in the resolution of restitution disputes are examined in order to accommodate these different interests. The utilization of this interest-oriented approach will allow restitution disputes to be resolved in a more sustainable and cooperative manner; moreover, ethical and historical considerations can also be more adequately addressed than in a purely legal approach. It will be demonstrated that within the scope of the 'common interest' in the protection of cultural heritage, other issues can be identified as being of common concern, including: physical and cultural preservation, access, integrity, and cooperation. Since these aspects form part of the 'common interest', they are valid not only for the protection of cultural heritage in war and peace, but must also be taken into account in the resolution of restitution disputes. Consequently, these common interests form new general principles in international cultural heritage law.

Crime In The Art And Antiquities World Book PDF
✏Book Title : Crime in the Art and Antiquities World
✏Author : Stefano Manacorda
✏Publisher : Springer Science & Business Media
✏Release Date : 2011-02-26
✏Pages : 454
✏ISBN : 1441979468
✏Available Language : English, Spanish, And French

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✏Crime in the Art and Antiquities World Book Summary : The theft, trafficking, and falsification of cultural property and cultural heritage objects are crimes of a particularly complex nature, which often have international ramifications and significant economic consequences. Organized criminal groups of various types and origins are involved in these illegal acts. The book Crime in the Art and Antiquities World has contributions both from researchers specializing in the illegal trafficking of art, and representatives of international institutions involved with prevention and detection of cultural property-related crimes, such as Interpol and UNESCO. This work is a unique and useful reference for scholars and private and public bodies alike. This innovative volume also includes an Appendix of the existing legal texts, i.e. international treaties, conventions, and resolutions, which have not previously been available in a single volume. As anyone who has undertaken research or study relating to the protection of cultural heritage discovers one of the frustrations encountered is the absence of ready access to the multi- various international instruments which exist in the field. Since the end of the Second World War these instruments have proliferated, first in response to increasing recognition of the need for concerted multinational action to give better protection to cultural property during armed conflict as well as ensuring the repatriation of cultural property looted during such conflict. Thus the international community agreed in 1954 upon a Convention for the Protection of Cultural Property in the Event of Armed Conflict. That Convention, typically referred to as the Hague Convention of 1954, is now to be found reproduced in the Appendix to this book (Appendix I) together with 25 other important and diverse documents that we believe represent a core of the essential international sources of reference in this subject area. In presenting these documents in one place we hope that readers will now experience less frustration while having the benefit of supplementing their understanding and interpretation of the various instruments by referring to individual chapters in the book dealing with a particular issue or topic. For example, Chapter 9 by Mathew Bogdanos provides some specific and at times rather depressing descriptions of the application in the field of the Hague Convention 1954, and its Protocols (Appendices II and III), to the armed conflict in Iraq. Reference may also be had to the resolution of the UN Security Council in May 2003 (Appendix VI) urging Member States to take appropriate steps to facilitate the safe return of looted Iraqi cultural property taken from the Iraq National Museum, the National Library and other locations in Iraq. Despite such pleas the international antiquities market seems to have continued to trade such looted property in a largely unfettered manner, as demonstrated by Neil Brodie in Chapter 7. Fittingly, as referred to in the Preface to this book, the last document contained in the Appendix (Appendix 26) is the “Charter of Courmayeur”, formulated at a ground breaking international workshop on the protection of cultural property conducted by the International Scientific and Professional Advisory Council (ISPAC) to the United Nations Crime Prevention and Criminal Justice Program in Courmayeur, Italy, in June 1992. The Charter makes mention of many of the instruments contained in the Appendix while also foreshadowing many of the developments which have taken place in the ensuing two decades designed to combat illicit trafficking in cultural property through international collaboration and action in the arena of crime prevention and criminal justice.

Explanatory Report On The European Convention On Offences Relating To Cultural Property Book PDF
✏Book Title : Explanatory Report on the European Convention on Offences Relating to Cultural Property
✏Author : Council of Europe
✏Publisher : Council of Europe
✏Release Date : 1985-01-01
✏Pages : 35
✏ISBN : 9287107955
✏Available Language : English, Spanish, And French

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✏Explanatory Report on the European Convention on Offences Relating to Cultural Property Book Summary :

Yearbook Of Cultural Property Law 2007 Book PDF
✏Book Title : YEARBOOK OF CULTURAL PROPERTY LAW 2007
✏Author : Sherry Hutt
✏Publisher : Left Coast Press
✏Release Date : 2007-04-15
✏Pages : 304
✏ISBN : 9781598740783
✏Available Language : English, Spanish, And French

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✏YEARBOOK OF CULTURAL PROPERTY LAW 2007 Book Summary : The Yearbook is to provide those in the heritage management world with summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions that affect their work. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section will round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues.

Art Cultural Heritage And The Market Book PDF
✏Book Title : Art Cultural Heritage and the Market
✏Author : Valentina Vadi
✏Publisher : Springer Science & Business Media
✏Release Date : 2014-01-27
✏Pages : 342
✏ISBN : 9783642450945
✏Available Language : English, Spanish, And French

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✏Art Cultural Heritage and the Market Book Summary : In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.

Cultural Property Law Book PDF
✏Book Title : Cultural Property Law
✏Author : Sherry Hutt
✏Publisher : American Bar Association
✏Release Date : 2004
✏Pages : 271
✏ISBN : 1590312902
✏Available Language : English, Spanish, And French

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✏Cultural Property Law Book Summary : Cultural Property Law is a practical guide to the application and interpretation of the statutes and codes that direct the management, protection, and preservation of cultural property.