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Heritage Destruction, Human Rights and International Law

Heritage Destruction, Human Rights and International Law
Author: Amy Strecker
Publisher: BRILL
Total Pages: 520
Release: 2023-07-24
Genre: Law
ISBN: 9004434011
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This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.

The Concept of Cultural Genocide

The Concept of Cultural Genocide
Author: Elisa Novic
Publisher: Oxford University Press
Total Pages: 289
Release: 2016
Genre: Law
ISBN: 0198787162
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Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law
Author: Anne-Marie Carstens
Publisher: Oxford University Press
Total Pages: 449
Release: 2020-05-15
Genre: Law
ISBN: 0192585266
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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.

Cultural Heritage and International Law

Cultural Heritage and International Law
Author: Evelyne Lagrange
Publisher: Springer
Total Pages: 281
Release: 2018-07-04
Genre: Law
ISBN: 3319787896
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This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.

Military Necessity in International Cultural Heritage Law

Military Necessity in International Cultural Heritage Law
Author: Berenika Drazewska
Publisher: BRILL
Total Pages: 391
Release: 2021-12-13
Genre: Law
ISBN: 9004432566
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Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

Enforcing International Cultural Heritage Law

Enforcing International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press
Total Pages: 280
Release: 2013-06-06
Genre: Law
ISBN: 0199680248
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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.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press, USA
Total Pages: 1088
Release: 2020
Genre: Cultural property
ISBN: 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.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press
Total Pages: 1024
Release: 2020-07-30
Genre: Law
ISBN: 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.

The Routledge Handbook of Heritage Destruction

The Routledge Handbook of Heritage Destruction
Author: José Antonio González Zarandona
Publisher: Taylor & Francis
Total Pages: 612
Release: 2023-08-10
Genre: Art
ISBN: 1000890031
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The Routledge Handbook of Heritage Destruction presents a comprehensive view on the destruction of cultural heritage and offers insights into this multifaceted, interdisciplinary phenomenon; the methods scholars have used to study it; and the results these various methods have produced. By juxtaposing theoretical and legal frameworks and conceptual contexts alongside a wide distribution of geographical and temporal case studies, this book throws light upon the risks, and the realizations, of art and heritage destruction. Exploring the variety of forces that drive the destruction of heritage, the volume also contains contributions that consider what forms heritage destruction takes and in which contexts and circumstances it manifests. Contributors, including local scholars, also consider how these drivers and contexts change, and what effect this has on heritage destruction, and how we conceptualise it. Overall, the book establishes the importance of the need to study the destruction of art and cultural heritage within a wider framework that encompasses not only theory but also legal, military, social, and ontological issues. The Routledge Handbook of Heritage Destruction will contribute to the development of a more complete understanding and analysis of heritage destruction. The Handbook will be useful to academics, students, and professionals with interest in heritage, conservation and preservation, history and art history, archaeology, anthropology, philosophy, and law.

Cultural Heritage and Mass Atrocities

Cultural Heritage and Mass Atrocities
Author: James Cuno
Publisher: Getty Publications
Total Pages: 776
Release: 2022-09-20
Genre: Political Science
ISBN: 1606068083
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A pathbreaking call to halt the intertwined crises of cultural heritage attacks and mass atrocities and mobilize international efforts to protect people and cultures. Intentional destruction of cultural heritage has a long history. Contemporary examples include the Bamiyan Buddhas in Afghanistan, mosques in Xinjiang, mausoleums in Timbuktu, and Greco-Roman remains in Syria. Cultural heritage destruction invariably accompanies assaults on civilians, making heritage attacks impossible to disentangle from the mass atrocities of genocide, war crimes, crimes against humanity, and ethnic cleansing. Both seek to eliminate people and the heritage with which they identify. Cultural Heritage and Mass Atrocities assembles essays by thirty-eight experts from the heritage, social science, humanitarian, legal, and military communities. Focusing on immovable cultural heritage vulnerable to attack, the volume's guiding framework is the Responsibility to Protect (R2P), a United Nations resolution adopted unanimously in 2005 to permit international intervention against crimes of war or genocide. Based on the three pillars of prevent, react, and rebuild, R2P offers today's policymakers a set of existing laws and international norms that can and—as this book argues—must be extended to the protection of cultural heritage. Contributions consider the global value of cultural heritage and document recent attacks on people and sites in China, Guatemala, Iraq, Mali, Sri Lanka and Afghanistan, Syria, and Yemen. Comprehensive sections on vulnerable populations as well as the role of international law and the military offer readers critical insights and point toward research, policy, and action agendas to protect both people and cultural heritage. A concise abstract of each chapter is offered online in Arabic, Chinese, French, Russian, and Spanish to facilitate robust, global dissemination of the strategies and tactics offered in this pathbreaking call to action. The free online edition of this publication is available at getty.edu/publications/cultural-heritage-mass-atrocities. Also available are free PDF, EPUB, and Kindle/MOBI downloads of the book.