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Author: Hui Zhong Publisher: Routledge ISBN: 1351605690 Category : Law Languages : en Pages : 192
Book Description
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.
Author: Hui Zhong Publisher: Routledge ISBN: 1351605690 Category : Law Languages : en Pages : 192
Book Description
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.
Author: Francesco Francioni Publisher: ISBN: 0199680248 Category : Law Languages : en Pages : 280
Book Description
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.
Author: Lucas Lixinski Publisher: OUP Oxford ISBN: 0199679509 Category : Law Languages : en Pages : 295
Book Description
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.
Author: Marie Cornu Publisher: Edward Elgar Publishing ISBN: 1839100036 Category : Law Languages : en Pages : 225
Book Description
This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage and highlight challenging concepts.
Author: Francesco Francioni Publisher: Oxford University Press, USA ISBN: 9780191892295 Category : Cultural property Languages : en Pages : 1088
Book Description
This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Author: James A.R. Nafziger Publisher: BRILL ISBN: 900434764X Category : Law Languages : en Pages : 416
Book Description
** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests. This book was awarded the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on a Practical or Technical Subject, in 2022.
Author: Craig Forrest Publisher: Routledge ISBN: 0415467810 Category : Art Languages : en Pages : 482
Book Description
Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.
Author: Tami Blumenfield Publisher: Springer Science & Business Media ISBN: 1461468744 Category : Social Science Languages : en Pages : 303
Book Description
This volume explores China’s cultural heritage ideology and policies from three interrelated perspectives: the State and World Heritage tourism; cultural heritage tourism at undesignated sites, and the cultural politics of museums and collections. Something of a cultural heritage designation craze is happening in China. This is new within even the last five to ten years. Officials at many levels now see heritage preservation as a means for commoditizing their regions. They are devoting new resources and attention to national and international heritage designations. Thus, addressing cultural heritage politics in a nation dedicated to designation is an important project, particularly in the context of a rapidly growing economy. This volume is also important because it addresses a very wide range of cultural heritage, providing an excellent sample of case studies: historic vernacular urban environments, ethnic tourism, scenic tourism, pilgrimage as tourism, tourism and economic development, museums, border heritage, underwater remains, and the actual governance and management of the sites. This volume is an outstanding introduction to cultural heritage issues in China while contributing to Chinese studies for those with greater knowledge of the area.
Author: Lucas Lixinski Publisher: OUP Oxford ISBN: 0191668893 Category : Law Languages : en Pages : 295
Book Description
This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily on critiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies. Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities, defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars and practitioners when understanding how to safeguard intangible heritage.
Author: Sarah Dromgoole Publisher: Cambridge University Press ISBN: 052184231X Category : History Languages : en Pages : 439
Book Description
The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.
Author: Hui Zhong
Author: Hui Zhong
Author: Francesco Francioni
Author: Lucas Lixinski
Author: Marie Cornu
Author: Francesco Francioni
Author: James A.R. Nafziger
Author: Craig Forrest
Author: Tami Blumenfield
Author: Lucas Lixinski
Author: Sarah Dromgoole