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International Law, Museums and the Return of Cultural Objects
While the question of the return of cultural objects is by no means a new one, it has become the subject of increasingly intense debate in recent years. This important book explores the removal and the return of cultural objects from occupied communities during the last two centuries and analyses the concurrent evolution of international cultural heritage law. The book focuses on the significant influence exerted by British, U.S. and Australian governments and museums on international law and museum policy in response to restitution claims. It shows that these claims, far from heralding the long-feared dissolution of museums and their collections, provide museums with a vital, new role in the process of self-determination and cultural identity. Compelling and thought-provoking throughout, this book is essential reading for archaeologists, international lawyers and all those involved in cultural resource management.
Confronting Colonial Objects
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 retu...
Legal Protection of Intangible Cultural Heritage
The book examines whether the protection of Intangible Cultural Heritage (ICH) by Indonesia and Malaysia upheld the interests of the various communities from which the cultural heritage originates, and whether the laws recognise that cultural heritage is often shared with other states and communities. The legal classifications of various indigenous communities and the interpretations of ‘indigeneity’ in the two countries have presented problems in the context of ICH protection. The state is regarded as holding the intellectual property rights for some forms of ICH and this also posed problems in the implementation of the laws to protect the communities’ ICH. This book employs a community-based perspective and adopts a multidisciplinary approach in exploring questions of the rights to and benefits of heritage. This book will be useful for students, academics and policy makers with an interest in international law, heritage and intellectual property rights.
Legalized Identities
Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.
Climate Change and Human Rights
Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship ...
Gender and Private Security in Global Politics
The contributors consider how to reform and regulate private forces. This feminist analysis of private militaries, drawing on concerns regarding power, justice and equality, contains essays in four parts: Beyond the Public/Private Divide: Feminist Analyses of Military Privatization and the Gendered State; Rethinking the Private Military Contractor I: Third Country Nationals and the Making of Empire and II: Masculinities and Violence; Private In/Security: Gendered Problems of Accountability, Regulation, and Ethics.
Cultural Objects and Reparative Justice
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...
Rule of Law and Democracy
Leading scholars address the interplay between rule of law and democracy, the most relevant ideals for our present civilisation in the legal and political spheres, at the same time making sense of the different ways in which legal requirements, social commitments, and democratic standards are expected to interweave. Through a reappraisal of the theoretical import of the concepts the contributors provide for a fresh set of inquiries, internal and external, ranging from the State, consolidated and transitional democracies, to interstate, European and global scenarios. Re-orienting the diversity in disciplinary approaches, they converge in tackling disputed empirical and normative questions in-context, and suggest further connections between the rule of law’s potential and the transformations of political arenas. Contributors are Monica Ciobanu, Christian Joerges, Poul Kjaer, Friedrich Kratochwil, Leonardo Morlino, Gianluigi Palombella, and Daniela Piana.
Enforcing International Cultural Heritage Law
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.
Intersections in International Cultural Heritage Law
The aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, and the law. Book jacket.
