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Regulating Transnational Heritage

Author: Merima Bruncevic

Publisher: Routledge

Published: 2021-10-20

Total Pages: 244

ISBN-13: 1000451879

There is a vast body of international and national law that regulates cultural heritage. However, the current regulation remains quite blind to the so called "transnational heritage". This is heritage where there is no community recognized in law that it can be directly attributed to and that can be responsible for its safekeeping and preservation. It can also be items of heritage where the claim of ownership is disputed between two or more peoples or communities. Transnational heritage challenges the idea of monolithic, mono-cultural, ethno-national states. There are a number of examples of such cultural heritage, for instance the Buddhist Bamiyan statutes in Afghanistan, Palmyra in Syria, the Jewish heritage of Iraq, or various items that are currently housed in large, often Western, museums, as a result of colonial practices. This book explores the regulation of transnational heritage. By discussing many cases of transnational heritage and the problems that arise due to the lack of regulation the book analyses the manifestations of memories and constructions of communities through heritage. It focuses particularly on the concept of community. How are communities constructed in cultural heritage law and what falls outside of the definitions of community? The book underlines that the issues surrounding transnational heritage involve more than a communal right to culture. It is argued that transnational heritage also directly affects wider matters of law such as citizenship, human rights, sovereignty, as well as the movement of people and cultural goods.

Intersections in International Cultural Heritage Law

Author: Anne Marie Carstens

Publisher: Oxford University Press, USA

Published: 2020-05-20

Total Pages: 449

ISBN-13: 0198846290

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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.

Yearbook of Transnational History

Author: Thomas Adam

Publisher: Rowman & Littlefield

Published: 2023-05-15

Total Pages: 285

ISBN-13: 1683933796

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The Yearbook of Transnational History is dedicated to disseminating pioneering research in the field of transnational history. The ten chapters of this volume explore topics and themes of heritage creation from the Crusades to the Apollo space flights.

Transnational Culture in the Internet Age

Author: Sean A. Pager

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 447

ISBN-13: 0857931342

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Digital technology has transformed global culture, connecting and empowering users on a hitherto unknown scale. Existing paradigms from intellectual property rights to cultural diversity and telecommunications regulation seem increasingly obsolete, confounding policymakers and provoking wide-ranging debate. Transnational Culture in the Internet Age draws on a range of disciplines to examine new approaches to regulating communications and cultural production. The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet's astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities. Ideal for students and scholars of innovation, technology, cyber law and communication, Transnational Culture in the Internet Age will be a valuable addition to any library.

International Heritage Law for Communities

Author: Lucas Lixinski

Publisher: Oxford University Press, USA

Published: 2019-06-06

Total Pages: 321

ISBN-13: 0198843305

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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.

International Cultural Heritage Law

Author: Janet Blake

Publisher: OUP Oxford

Published: 2015-06-18

Total Pages: 460

ISBN-13: 0191035327

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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.

Regulating Difference

Author: Marian Burchardt

Publisher: Rutgers University Press

Published: 2020-04-17

Total Pages: 254

ISBN-13: 1978809611

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2021 ISSR Best Book Award (International Society for the Sociology of Religion) Transnational migration has contributed to the rise of religious diversity and has led to profound changes in the religious make-up of society across the Western world. As a result, societies and nation-states have faced the challenge of crafting ways to bring new religious communities into existing institutions and the legal frameworks. Regulating Difference explores how the state regulates religious diversity and examines the processes whereby religious diversity and expression becomes part of administrative landscapes of nation-states and people’s everyday lives. Arguing that concepts of nationhood are key to understanding the governance of religious diversity, Regulating Difference employs a transatlantic comparison of the Spanish region of Catalonia and the Canadian province of Quebec to show how processes of nation-building, religious heritage-making and the mobilization of divergent interpretations of secularism are co-implicated in shaping religious diversity. It argues that religious diversity has become central for governing national and urban spaces.

The Routledge Handbook of Heritage and the Law

Author: Lucas Lixinski

Publisher: Taylor & Francis

Published: 2024-02-14

Total Pages: 685

ISBN-13: 1003852262

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The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways. Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared. The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license

The Oxford Handbook of International Cultural Heritage Law

Author: Francesco Francioni

Publisher: Oxford University Press, USA

Published: 2020-05-13

Total Pages: 1089

ISBN-13: 0198859872

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This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional and bilateral initiatives, including legal measures. Accordingly, the handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The book concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law, and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs

Creating and Governing Cultural Heritage in the European Union

Author: Tuuli Lähdesmäki

Publisher: Routledge

Published: 2020-04-28

Total Pages: 391

ISBN-13: 0429620802

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Creating and Governing Cultural Heritage in the European Union: The European Heritage Label provides an interdisciplinary examination of the ways in which European cultural heritage is created, communicated, and governed via the new European Heritage Label scheme. Drawing on ethnographic field research conducted across ten countries at sites that have been awarded with the European Heritage Label, the authors of the book approach heritage as an entangled social, spatial, temporal, discursive, narrative, performative, and embodied process. Recognising that heritage is inherently political and used by diverse actors as a tool for re-imagining communities, identities, and borders, and for generating notions of inclusion and exclusion in Europe, the book also considers the idea of Europe itself as a narrative. Chapters tackle issues such as multilevel governance of heritage; geopolitics of border-crossings and border-making; participation and non-participation; and embodiment and affective experience of heritage. Creating and Governing Cultural Heritage in the European Union advances heritage studies with an interdisciplinary approach that utilises and combines theories and conceptualizations from critical geopolitics, political studies, EU and European studies, cultural policy research, and cultural studies. As such, the volume will be of interest to scholars and students engaged in the study of heritage, politics, belonging, the EU, ideas, and narratives of Europe.