State Succession in Cultural Property

State Succession in Cultural Property PDF

Author: Andrzej Jakubowski

Publisher: OUP Oxford

Published: 2015-06-04

Total Pages: 420

ISBN-13: 0191058009

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The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts.

State Succession in Cultural Property

State Succession in Cultural Property PDF

Author: Andrzej Jakubowski

Publisher: Cultural Heritage Law and Poli

Published: 2015

Total Pages: 401

ISBN-13: 0198738064

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This volume explains the legal effects of state succession on cultural property. It discusses to what extent the practice and the theory of state succession reflect the evolution of the idea of cultural heritage in international law. It attempts to reconstruct the principles regulating interstate arrangements, contextualising them within a broad historical and geographical framework.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law PDF

Author: Francesco Francioni

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 1088

ISBN-13: 9780191892295

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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.

Cultural Heritage, Cultural Rights, Cultural Diversity

Cultural Heritage, Cultural Rights, Cultural Diversity PDF

Author: Silvia Borelli

Publisher: Martinus Nijhoff Publishers

Published: 2012-07-05

Total Pages: 461

ISBN-13: 900422839X

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This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.

Cultural Property Law

Cultural Property Law PDF

Author: Sherry Hutt

Publisher: American Bar Association

Published: 2004

Total Pages: 292

ISBN-13: 9781590312902

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Cultural Property Law is a practical guide to the application and interpretation of the statutes and codes that direct the management, protection, and preservation of cultural property.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law PDF

Author: Francesco Francioni

Publisher: Oxford University Press

Published: 2020-07-30

Total Pages: 1024

ISBN-13: 019260371X

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This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.

Yearbook of Cultural Property Law 2007

Yearbook of Cultural Property Law 2007 PDF

Author: Sherry Hutt

Publisher: Routledge

Published: 2016-12-05

Total Pages: 274

ISBN-13: 1315415437

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The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.

Yearbook of Cultural Property Law 2010

Yearbook of Cultural Property Law 2010 PDF

Author: Sherry Hutt

Publisher: Routledge

Published: 2016-12-05

Total Pages: 370

ISBN-13: 1315415313

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The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.

Confronting Colonial Objects

Confronting Colonial Objects PDF

Author: Carsten Stahn

Publisher: Oxford University Press

Published: 2024-01-13

Total Pages: 593

ISBN-13: 0192868128

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The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

Yearbook of Cultural Property Law 2009

Yearbook of Cultural Property Law 2009 PDF

Author: Sherry Hutt

Publisher: Routledge

Published: 2016-12-05

Total Pages: 488

ISBN-13: 1315415356

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The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.