• Law

Underwater Cultural Heritage and International Law

Author: Sarah Dromgoole
Publisher: Cambridge University Press
ISBN: 1107292190
Category: Law
Page: N.A
View: 1345
The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.

    • Business & Economics

Museum Law

A Guide for Officers, Directors, and Counsel
Author: Marilyn E. Phelan
Publisher: Rowman & Littlefield
ISBN: 0759124353
Category: Business & Economics
Page: 514
View: 5270
From one of America’s foremost experts in museum and cultural heritage law, Museum Law: A Guide for Officers, Directors, and Counsel is a comprehensive guide to both U.S. and international laws and conventions affecting museums, art galleries, natural and historic heritage, and other cultural organizations. The fourth edition details laws protecting art and artists, cultural and natural heritage, U.S. and international law, regulations for tax-exempt status, and much more. This book also includes an unprecedented look at museums’ unrelated business taxable income from such increasingly common activities as gifts shops, snack bars, travel tours, and sponsorships. No museum, cultural heritage site, or historical site can afford to be without it.

    • Political Science

Archaeology as a Tool of Civic Engagement

Author: Barbara J. Little,Paul A. Shackel
Publisher: Rowman Altamira
ISBN: 0759113777
Category: Political Science
Page: 294
View: 1424
Little and Shackel use case studies from different regions across the world to challenge archaeologists to create an ethical public archaeology that is concerned not just with the management of cultural resources, but with social justice and civic responsibility.

    • Social Science

Archaeological Ethics

Author: Karen D. Vitelli,Chip Colwell-Chanthaphonh
Publisher: Rowman Altamira
ISBN: 0759114439
Category: Social Science
Page: 248
View: 6797
Looting. Reburial and repatriation. Relations with native peoples. Professional conduct. The second edition of Archaeological Ethics combines compelling articles on these topics written for a general audience with valuable teaching aids. The updated articles provide a fascinating introduction to the issues faced every day in archaeological practice. The article summaries, discussion questions, suggestions for further reading, and resource guide serve as excellent teaching aids and make this volume ideal for classroom use.

    • Law

Art and Cultural Heritage

Law, Policy and Practice
Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521857642
Category: Law
Page: 562
View: 659
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.

    • Law

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller
Publisher: OUP Oxford
ISBN: 0191653918
Category: Law
Page: 1328
View: 9660
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

    • Law

International Law and the Arctic

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 1107435951
Category: Law
Page: 340
View: 6117
Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. Improved access for shipping and resource development is leading to new international rules on safety, pollution prevention and emergency response. Around the Arctic, maritime boundary disputes are being negotiated and resolved, and new international institutions, such as the Arctic Council, are mediating deep-rooted tensions between Russia and NATO and between nation states and indigenous peoples. International Law and the Arctic explains these developments and reveals a strong trend towards international cooperation and law-making. It thus contradicts the widespread misconception that the Arctic is an unregulated zone of potential conflict.

    • Law

Mestizo International Law

Author: Arnulf Becker Lorca
Publisher: Cambridge University Press
ISBN: 052176338X
Category: Law
Page: 420
View: 8875
Explores the historical origins of international law, with a focus on the contributions and participation of non-Western people.

    • Law

Enforcing International Cultural Heritage Law

Author: Francesco Francioni,James Gordley
Publisher: Oxford University Press
ISBN: 0199680248
Category: Law
Page: 259
View: 9026
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.

    • Law

The Oxford Handbook of International Trade Law

Author: Daniel L. Bethlehem
Publisher: Oxford University Press, USA
ISBN: 0199231923
Category: Law
Page: 801
View: 1808
The Oxford Handbook of International Trade Law explores the law of the World Trade Organization and its broader context. It examines the discipline of international trade law itself and also the outside face of international trade law and its intersection with states and with other aspects of the international system. It covers the economic and institutional context of the world trading system, the substantive law of the WTO, the WTO dispute settlement system,and the interaction between trade and other disciplines and fields of international law.

    • Law

Theatre of the Rule of Law

Transnational Legal Intervention in Theory and Practice
Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Category: Law
Page: N.A
View: 3705
Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

    • Law

The Settlement of International Cultural Heritage Disputes

Author: Alessandro Chechi
Publisher: OUP Oxford
ISBN: 0191009091
Category: Law
Page: 400
View: 6803
The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.

    • Law

Intangible Cultural Heritage in International Law

Author: Lucas Lixinski
Publisher: OUP Oxford
ISBN: 0199679509
Category: Law
Page: 296
View: 2711
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.

    • History

Cultural Reformations

Medieval and Renaissance in Literary History
Author: Brian Cummings,James Simpson
Publisher: Oxford University Press
ISBN: 0199212481
Category: History
Page: 689
View: 8057
The deepest periodic division in English literary history has been between the medieval and the early modern, not least because the cultural investments in maintaining that division are exceptionally powerful. Medievalists and early modernists never talk much with each other. Instead, historians of culture remain locked into tightly bound chronological units. This is always a pity, but more so with regard to late medievalists and early modernists, since theboundary line between them continues powerfully to define cultural identities. Narratives of national and religious identity and freedom; of individual liberties; of the history of education and scholarship;of the very possibility of persuasive historical consciousness itself: all these histories, and more, derive from the break with the medieval, but that break is rarely held up to inspection. This volume initiates discussion on many fronts in which both periods look different in dialogue with each other.

    • Cultural property

Manual for Activities Directed at Underwater Cultural Heritage

Guidelines to the Annex of the UNESCO 2001 Convention
Author: Thijs J. Maarleveld,Ulrike Guérin,Barbara Egger
Publisher: UNESCO
ISBN: 9230011223
Category: Cultural property
Page: 346
View: 8657

    • Law

Comparative Law in a Global Context

The Legal Systems of Asia and Africa
Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category: Law
Page: N.A
View: 2319
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

    • Law

Cultural Heritage in International Investment Law and Arbitration

Author: Valentina Vadi
Publisher: Cambridge University Press
ISBN: 1107038480
Category: Law
Page: 374
View: 6466
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

    • Law

The Protection of the Underwater Cultural Heritage

National Perspectives in Light of the UNESCO Convention 2001 - Second Edition
Author: Sarah Dromgoole
Publisher: BRILL
ISBN: 9047410459
Category: Law
Page: 488
View: 4887
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.

    • Business & Economics

Witnesses to History

A Compendium of Documents and Writings on the Return of Cultural Objects
Author: Lyndel V. Prott
Publisher: UNESCO
ISBN: 9231041282
Category: Business & Economics
Page: 439
View: 9687
This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.

    • Law

Cultural Law

International, Comparative, and Indigenous
Author: James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Publisher: Cambridge University Press
ISBN: 0521865506
Category: Law
Page: 1012
View: 5676
"A unique collection of materials and commentary on cultural law that demonstrates the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues"--Provided by publisher.