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The Impact of Uniform Laws on the Protection of Cultural Heritage and the Preservation of Cultural Heritage in the 21st Century

The Impact of Uniform Laws on the Protection of Cultural Heritage and the Preservation of Cultural Heritage in the 21st Century
Author: Toshiyuki Kono
Publisher: BRILL
Total Pages: 796
Release: 2010-07-07
Genre: Law
ISBN: 9004189912

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Providing an overview of seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries.


Repatriation of Sacred Indigenous Cultural Heritage and the Law

Repatriation of Sacred Indigenous Cultural Heritage and the Law
Author: Vanessa Tünsmeyer
Publisher: Springer Nature
Total Pages: 527
Release: 2022-01-25
Genre: Law
ISBN: 3030890473

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This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.


Efficiency in Private International Law

Efficiency in Private International Law
Author: Toshiyuki Kono
Publisher: BRILL
Total Pages: 216
Release: 2014-12-17
Genre: Law
ISBN: 9004285083

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Also available as an e-book Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.


Cultural Heritage in International Investment Law and Arbitration

Cultural Heritage in International Investment Law and Arbitration
Author: Valentina Vadi
Publisher: Cambridge University Press
Total Pages: 379
Release: 2014-03-13
Genre: Law
ISBN: 1107038480

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Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.


The Legal Protection of the Intangible Cultural Heritage

The Legal Protection of the Intangible Cultural Heritage
Author: Pier Luigi Petrillo
Publisher: Springer
Total Pages: 262
Release: 2019-06-26
Genre: Law
ISBN: 3319729837

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This book describes the global legal framework for safeguarding the “Intangible Cultural Heritage” – as defined by the UNESCO Convention in 2003 – and analyses its use in selected countries in the Americas, Asia, Africa and Europe. Each of the contributions has been prepared by high profile experts and strategically addresses countries that are representative for their corresponding area. Our understanding of the term “Cultural Heritage” has changed considerably over the past few decades, and it is becoming increasingly clear that the concept also includes traditions and living expressions that we inherit from our ancestors and pass on to our descendants. UNESCO has recognised and responded to this change of perspective, creating through the 2003 Convention an international instrument for safeguarding the “Intangible Cultural Heritage”, a notion including oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, as well as the knowledge and skills needed to produce traditional crafts. New values, practices and heritages were recognized – from the ancient African rituals to the Mexican Mariachi musical expression to the Brazilian Samba and the Mediterranean Diet – all of which convey strong social and cultural meaning for their community's identity. Intangible Cultural Heritage is a growing, relatively recent field of study and also an emblem of the dialogue between distant populations with different cultures, which is the reason why a comparative approach is the most appropriate basis for conducting an analysis of how the contracting states to the Convention live up to their commitments through national safeguarding measures and enhancement policies or through international cooperation projects.


Handbook on the Law of Cultural Heritage and International Trade

Handbook on the Law of Cultural Heritage and International Trade
Author: James A R Nafziger
Publisher: Edward Elgar Publishing
Total Pages: 663
Release: 2014-04-25
Genre: Political Science
ISBN: 1781007349

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øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H


Transcultural Diplomacy and International Law in Heritage Conservation

Transcultural Diplomacy and International Law in Heritage Conservation
Author: Olimpia Niglio
Publisher: Springer Nature
Total Pages: 435
Release: 2021-05-02
Genre: Social Science
ISBN: 981160309X

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This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.


Intangible Cultural Heritage, Sustainable Development and Intellectual Property

Intangible Cultural Heritage, Sustainable Development and Intellectual Property
Author: Benedetta Ubertazzi
Publisher: Springer Nature
Total Pages: 392
Release: 2022-08-04
Genre: Law
ISBN: 3031081048

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This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.


Between Imagined Communities and Communities of Practice

Between Imagined Communities and Communities of Practice
Author: Nicolas Adell
Publisher: Göttingen University Press
Total Pages: 324
Release: 2015
Genre: Communities of practice
ISBN: 3863952057

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Community and participation have become central concepts in the nomination processes surrounding heritage, intersecting time and again with questions of territory. In this volume, anthropologists and legal scholars from France, Germany, Italy and the USA take up questions arising from these intertwined concerns from diverse perspectives: How and by whom were these concepts interpreted and re-interpreted, and what effects did they bring forth in their implementation? What impact was wielded by these terms, and what kinds of discursive formations did they bring forth? How do actors from local to national levels interpret these new components of the heritage regime, and how do actors within heritage-granting national and international bodies work it into their cultural and political agency? What is the role of experts and expertise, and when is scholarly knowledge expertise and when is it partisan? How do bureaucratic institutions translate the imperative of participation into concrete practices? Case studies from within and without the UNESCO matrix combine with essays probing larger concerns generated by the valuation and valorization of culture.