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Author: Roberta Garabello Publisher: Martinus Nijhoff Publishers ISBN: 9789041122032 Category : Law Languages : en Pages : 320
Book Description
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).
Author: Roberta Garabello Publisher: Martinus Nijhoff Publishers ISBN: 9789041122032 Category : Law Languages : en Pages : 320
Book Description
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).
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: Elena Perez-Alvaro Publisher: Routledge ISBN: 0429885784 Category : History Languages : en Pages : 316
Book Description
Underwater Cultural Heritage investigates cases of underwater cultural heritage, exploring ethical issues that have never been studied before. A vast cultural heritage lies beneath the sea, including the archaeological remains of more than three million vessels, as well as historic monuments and whole cities. In addition, climate change, population growth and current events around the world mean that new underwater cultural heritage is being created faster than ever before. It is, therefore, essential that the ethical issues related to the management of such heritage are considered now, especially as decisions made now will bestow the heritage with a value and will establish legal frameworks that could be used either to protect or harm underwater heritage in the future. Considering a range of challenges related to underwater cultural heritage - including preservation, management, use, sustainability, valuation, politics, identity, human rights, and intangible heritage - the book presents case studies that both illustrate the key ethical issues and also offer possible solutions to help navigate such challenges. The book will also explore the various legislative instruments protecting underwater cultural heritage and emphasise the importance of revising and updating legal frameworks, whilst also taking into account ethical concerns that may expose cultural heritage to more serious menaces. Underwater Cultural Heritage draws on case studies from around the globe and, as such, should be of great interest to academics, researchers and students working in heritage studies, archaeology, history, politics and sustainability. It should also be appealing to heritage practitioners and policymakers who want to learn more about the issues surrounding not only management of underwater cultural heritage but management of cultural heritage in general.
Author: Anastasia Stratē Publisher: Martinus Nijhoff Publishers ISBN: 9780792330523 Category : Law Languages : en Pages : 518
Book Description
The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.
Author: Thijs J. Maarleveld Publisher: UNESCO ISBN: 9230011223 Category : Convention on the Protection of Underwater Cultural Heritage Languages : en Pages : 337
Author: Barbara T. Hoffman Publisher: Cambridge University Press ISBN: 9780521857642 Category : Law Languages : en Pages : 608
Book Description
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.
Author: Jennifer R. Richman Publisher: Rowman Altamira ISBN: 9780759104488 Category : Law Languages : en Pages : 310
Book Description
Collection of original writings on legal aspects of cultural resources protection from practicing lawyers and judges. Visit our website for sample chapters!
Author: Sarah Dromgoole Publisher: BRILL ISBN: 9047410459 Category : Law Languages : en Pages : 462
Book Description
The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities ‘directed at’ them, such as treasure hunting, and by activities ‘incidentally affecting’ them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. While the prospects for this Convention remain uncertain, it will undoubtedly have a profound influence on national laws and practice in this field. This second collection of essays examines the present state of law, policy and practice in sixteen different jurisdictions around the world in light of the 2001 Convention. Among other things, the viewpoint of each jurisdiction in respect of the Convention is considered and the impact that the Convention is already having, and is likely to have in the future, is explored. Eight of the essays are entirely new, and several additional jurisdictions are covered (Finland, the Federated States of Micronesia, the Netherlands, New Zealand, and Norway). The other essays have been thoroughly updated and revised to take account of the Convention. The contributors come from a variety of backgrounds, but all have specialist knowledge and experience of their particular jurisdiction and a keen interest in the field.
Author: James A. R. Nafziger Publisher: Edward Elgar Publishing ISBN: 9780857937452 Category : Cultural property Languages : en Pages : 0
Book Description
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.
Author: Roberta Garabello
Author: Roberta Garabello
Author: Sarah Dromgoole
Author: Elena Perez-Alvaro
Author: Anastasia Stratē
Author: Guido Camarda
Author: Thijs J. Maarleveld
Author: Barbara T. Hoffman
Author: Jennifer R. Richman
Author: Sarah Dromgoole
Author: James A. R. Nafziger