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Thinking about the Elgin Marbles

Thinking about the Elgin Marbles PDF Author: John Henry Merryman
Publisher: Kluwer Law International B.V.
ISBN: 9041128751
Category : Law
Languages : en
Pages : 610

Book Description
The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly expanded array of essays. The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite),the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information.

Thinking about the Elgin Marbles

Thinking about the Elgin Marbles PDF Author: John Henry Merryman
Publisher: Kluwer Law International B.V.
ISBN: 9041128751
Category : Law
Languages : en
Pages : 610

Book Description
The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly expanded array of essays. The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite),the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information.

Thinking about the Elgin Marbles:Critical Essays on Cultural Property, Art and Law

Thinking about the Elgin Marbles:Critical Essays on Cultural Property, Art and Law PDF Author: John Merryman
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 488

Book Description
This book begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that still dominate the growing international debate about cultural property policy and are explored in subsequent essays: Why do people care about cultural property? Is cultural nationalism a sound organizing principle for dealing with cultural property questions? Or is it a relic of 19th century romanticism, kept alive by the power of Byron's poetry? How can cultural nationalism be rationalized with the idea that works of art and antiquities are 'the cultural heritage of all mankind?' What alternative ways are there of thinking about cultural property policy and law? The author examines in particular the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. In the second part of the book the author addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, a Professor of Art Law at Stanford University, is a leading international figure in cultural property and art law circles.

International Law, Museums and the Return of Cultural Objects

International Law, Museums and the Return of Cultural Objects PDF Author: Ana Filipa Vrdoljak
Publisher: Cambridge University Press
ISBN: 0521841429
Category : Art
Languages : en
Pages : 29

Book Description
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.

Global Administrative Law and EU Administrative Law

Global Administrative Law and EU Administrative Law PDF Author: Edoardo Chiti
Publisher: Springer Science & Business Media
ISBN: 3642202640
Category : Law
Languages : en
Pages : 413

Book Description
This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

International Heritage Law for Communities

International Heritage Law for Communities PDF Author: Lucas Lixinski
Publisher: Oxford University Press
ISBN: 0192581317
Category : Law
Languages : en
Pages : 336

Book Description
This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.

Indigenous Cultural Property and International Law

Indigenous Cultural Property and International Law PDF Author: Shea Elizabeth Esterling
Publisher: Taylor & Francis
ISBN: 0429594585
Category : Law
Languages : en
Pages : 220

Book Description
Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.

Art and Cultural Heritage

Art and Cultural Heritage PDF Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521857642
Category : Law
Languages : en
Pages : 608

Book Description
This volume contains relevant and pressing issues in the law, policy, and the practice of art and cultural heritage protection.

Law and the Humanities

Law and the Humanities PDF Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139485687
Category : Law
Languages : en
Pages : 553

Book Description
Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock taking both of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this 'law and' enterprise and will spur its further development.

The Idea of Cultural Heritage

The Idea of Cultural Heritage PDF Author: Derek Gillman
Publisher: Cambridge University Press
ISBN: 0521192552
Category : Law
Languages : en
Pages : 217

Book Description
This book reviews the competing claims that works of art belong either to a particular people and place, or to humankind.

Cultural Diplomacy and the Heritage of Empire

Cultural Diplomacy and the Heritage of Empire PDF Author: Cynthia Scott
Publisher: Routledge
ISBN: 1351164228
Category : Art
Languages : en
Pages : 305

Book Description
Cultural Diplomacy and the Heritage of Empire analyzes the history of the negotiations that led to the atypical return of colonial-era cultural property from the Netherlands to Indonesia in the 1970s. By doing so, the book shows that competing visions of post-colonial redress were contested throughout the era of post-World War II decolonization. Considering the danger this precedent posed to other countries, the book looks beyond the Dutch-Indonesian case to the “Elgin (Parthenon) Marbles” and “Benin Bronzes” controversies, as well as recent developments relating to returns in France and the Netherlands. Setting aside the “universalism versus nationalism” debate, Scott asserts that the deeper meaning of post-colonial cultural property disputes in European history has more to do with how officials of former colonial powers negotiated decolonization, while also creating contemporary understandings of their nations’ pasts. As a whole, the book expands the field of cultural restitution studies and offers a more nuanced understanding of the connections drawn between postcolonial national identity making and the extension of cultural diplomacy. Cultural Diplomacy and the Heritage of Empire offers a new perspective on the international influence of the UNGA and UNESCO on the return debate. As such, the book will be of interest to scholars, students and practitioners engaged in the study of cultural property diplomacy and law, museum and heritage studies, modern European history, post-colonial studies and historical anthropology.