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Cultural Objects and Reparative Justice

Cultural Objects and Reparative Justice
Author: Patty Gerstenblith
Publisher: Oxford University Press
Total Pages: 321
Release: 2023-10-05
Genre: Law
ISBN: 0192872125

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Cultural Objects and Reparative Justice provides a comprehensive legal and historical analysis surrounding a highly debated current question: Where should cultural objects that were removed without consent be located? This book follows an innovative, interdisciplinary approach based in law, history, art history, anthropology, and archaeology and proposes a paradigm for reparations. Tracing the historical foundations of the current legal framework, the work closely examines three factors that heavily informed the cultural heritage debate since the late eighteenth century: the rise of the encyclopaedic museum, the development of archaeology as a science, and the appropriation of objects in the context of armed conflict and colonialism. Each of these explorations is enriched by examples from around the globe and assessed on the international, national, and local level. Subjecting contested objects -such as the Parthenon Sculptures, those from the Yuanmingyuan Palace, the Benin artifacts, looted archaeological artefacts and human remains, and artwork stolen during the Holocaust - to this holistic approach enables a contextualisation of the unique history of appropriation of these objects. Cultural Objects and Reparative Justice outlines how current cultural heritage laws and ethical guidelines with respect to cultural heritage derive from a background of imperialism and colonialism. The book advocates for a new structure based on reparation, restitution, repatriation, compensation, and market regulation to cease perpetuating past harms and to disincentivize new ones.


Pinning Down the Past

Pinning Down the Past
Author: Mike Corbishley
Publisher: Boydell & Brewer Ltd
Total Pages: 402
Release: 2014-04-17
Genre: Art
ISBN: 1843839040

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"In a relatively short period of time the pursuit of archaeology has evolved from an antiquarian interest to a specialised scientific activity. Part of this evolution has always included the interest of the public and archaeologists' efforts to educate them. As each new method and technique is developed, and each new specialism is created, the challenge of making archaeology available as a learning resource grows with it. Today, for example, the issues which surround archaeology and heritage, such as the pressures of tourism on sites, now form part of many formal educational curricula. This book, the first to deal with the subject in such depth, examines the place of education and outreach within the wider archaeological community. Written by one of Britain's leading archaeological educationalists, it charts the sometimes difficult and painful growth and development of "education and archaeology". Packed full of informative and enlightening case studies, from the circus at Colchester to Sutton Hoo and Hadrian's Wall, this work examines exactly how we have reached the point we are at, where that place is and suggests areas for future development. By drawing upon many decades of experience at the front line of archaeological education, the author has produced a key text that will play a major role in the on-going development of the heritage industry"--Publisher's website.


Realizing Reparative Justice for International Crimes

Realizing Reparative Justice for International Crimes
Author: Miriam Cohen
Publisher: Cambridge University Press
Total Pages: 287
Release: 2020-07-02
Genre: Fiction
ISBN: 1108472680

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Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.


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.


Antiquities Smuggling in the Real and Virtual World

Antiquities Smuggling in the Real and Virtual World
Author: Layla Hashemi
Publisher:
Total Pages:
Release: 2021-12
Genre: Archaeological thefts
ISBN: 9781032171289

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"This book examines the illicit trade in antiquities, a trade which has increased massively following the destruction and looting of ancient Near Eastern sites in the Middle East. Focusing on the distribution networks for looted antiquities, especially the routes to the West, the book considers the dealers and facilitators who are key in getting the objects to market, explores the methods used including online marketplaces and social media sites, analyses demand and buyers, revealing that objects are often available at very affordable prices. It outlines the efforts of law enforcement agencies, including the military, and legal systems to contain the trade. Throughout the book highlights the difficulties of putting a stop to this illicit trade, particularly in a conflict region"--


To Right Historical Wrongs

To Right Historical Wrongs
Author: Carmela Murdocca
Publisher: UBC Press
Total Pages: 281
Release: 2013-10-15
Genre: Social Science
ISBN: 0774824999

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Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.


International Cultural Heritage Law

International Cultural Heritage Law
Author: Janet E. Blake
Publisher:
Total Pages: 385
Release: 2015
Genre: Law
ISBN: 0198723512

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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 analyzing 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.


Politics and the Past

Politics and the Past
Author: John Torpey
Publisher: Rowman & Littlefield Publishers
Total Pages: 327
Release: 2004-09-01
Genre: Law
ISBN: 0585455066

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Politics and the Past offers an original, multidisciplinary exploration of the growing public controversy over reparations for historical injustices. Demonstrating that 'reparations politics' has become one of the most important features of international politics in recent years, the authors analyze why this is the case and show that reparations politics can be expected to be a major aspect of international affairs in coming years. In addition to broad theoretical and philosophical reflection, the book includes discussions of the politics of reparations in specific countries and regions, including the United States, France, Latin America, Japan, Canada, and Rwanda. The volume presents a nuanced, historically grounded, and critical perspective on the many campaigns for reparations currently afoot in a variety of contexts around the world. All readers working or teaching in the fields of transitional justice, the politics of memory, and social movements will find this book a rich and provocative contribution to this complex debate.


The Human Rights of Non-citizens

The Human Rights of Non-citizens
Author: David S. Weissbrodt
Publisher: Oxford University Press, USA
Total Pages: 282
Release: 2008
Genre: Law
ISBN: 0199547823

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Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.


The Guilt of Nations

The Guilt of Nations
Author: Elazar Barkan
Publisher: JHU Press
Total Pages: 468
Release: 2001-10-09
Genre: History
ISBN: 9780801868078

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The author takes a sweeping look at the idea of restitution and its impact on the concept of human rights and the practice of politics. She confronts the difficulties of determining victims and assigning blame.