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The Culturalization of Human Rights Law
  • Language: en
  • Pages: 1409

The Culturalization of Human Rights Law

  • Categories: Law
  • Type: Book
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  • Published: 2014-02-06
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  • Publisher: OUP Oxford

The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dy...

Reparations for Indigenous Peoples
  • Language: en
  • Pages: 679

Reparations for Indigenous Peoples

  • Type: Book
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  • Published: 2008-01-24
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  • Publisher: OUP Oxford

Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and t...

Art and Cultural Heritage
  • Language: en
  • Pages: 608

Art and Cultural Heritage

  • Categories: Law

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.

International Law for Common Goods
  • Language: en
  • Pages: 470

International Law for Common Goods

  • Categories: Law

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing si...

Cultural Heritage, Cultural Rights, Cultural Diversity
  • Language: en
  • Pages: 461

Cultural Heritage, Cultural Rights, Cultural Diversity

  • Categories: Law

This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.

Intentional Destruction of Cultural Heritage and the Law
  • Language: en
  • Pages: 486

Intentional Destruction of Cultural Heritage and the Law

  • Categories: Law

The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH). The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. Th...

Indigenous Peoples' Cultural Property Claims
  • Language: en
  • Pages: 246

Indigenous Peoples' Cultural Property Claims

  • Categories: Law

This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.​

International Cultural Heritage Law
  • Language: en
  • Pages: 385

International Cultural Heritage Law

  • Categories: Law
  • Type: Book
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  • Published: 2015
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  • Publisher: Unknown

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; protec...

The 1972 World Heritage Convention
  • Language: en
  • Pages: 646

The 1972 World Heritage Convention

  • Categories: Law

Almost fifty years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. The success of this Convention and its almost universal acceptance by the international community of states is due to the great appeal that recognising certain properties as “world heritage” has for national governments. Since the publication of the first Commentary, new problems have arisen in the management of world heritage sites. It has become increasingly difficul...

The World, the Text, and the Indian
  • Language: en
  • Pages: 348

The World, the Text, and the Indian

  • Type: Book
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  • Published: 2017-03-27
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  • Publisher: SUNY Press

Advances critical conversations in Native American literary studies by situating its subject in global, transnational, and modernizing contexts. Since the rise of the Native American Renaissance in literature and culture during the American civil rights period, a rich critical discourse has been developed to provide a range of interpretive frameworks for the study, recovery, and teaching of Native American literary and cultural production. For the past few decades the dominant framework has been nationalism, a critical perspective placing emphasis on specific tribal nations and nationalist concepts. While this nationalist intervention has produced important insights and questions regarding N...