Art and Cultural Heritage

Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521857642
Format: PDF, ePub, Mobi
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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.

Art and Cultural Heritage

Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521122979
Format: PDF, ePub
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Art and Cultural Heritage is appropriately, not solely, about the law-national and international-respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles about how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. 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
Publisher: Oxford University Press
ISBN: 0199680248
Format: PDF, ePub, Docs
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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
Publisher: Rowman & Littlefield
ISBN: 1442260807
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.

Digital Echoes

Author: Sarah Whatley
Publisher: Springer
ISBN: 3319738178
Format: PDF, Mobi
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This book explores the interplay between performing arts, intangible cultural heritage and digital environments through a compendium of essays on emerging practices and case studies, as well as critical, historical and theoretical perspectives. It features essays that engage with varied forms of intangible cultural heritage, from music and storytelling to dance, theatre and martial arts. Cases of digital technology interventions are provided from different geographical and cultural settings, from Europe to Asia and the Americas. Together, the collection reflects on the implications that digital interventions have on intangible cultural heritage engagements, its curation and transmission in diverse localities. The volume is a valuable resource for discovering the multiple ways in which cultural heritage is mediated through digital technologies, and engages with audiences, artists, users and researchers.

China Cultural Heritage and International Law

Author: Hui Zhong
Publisher: Routledge
ISBN: 1351605690
Format: PDF, ePub, Mobi
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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.

International Cultural Heritage Law

Author: Janet Blake
Publisher: OUP Oxford
ISBN: 0191035319
Format: PDF, Mobi
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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.

The Protection of the Underwater Cultural Heritage

Author: Roberta Garabello
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041122032
Format: PDF, Kindle
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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).

Art Cultural Heritage and the Law

Author: Patty Gerstenblith
Publisher:
ISBN: 9781611632040
Format: PDF, Docs
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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."

Intangible Cultural Heritage in International Law

Author: Lucas Lixinski
Publisher: OUP Oxford
ISBN: 0199679509
Format: PDF, ePub
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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.