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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; protec...
This book explores the sociopolitical contexts of heritage landscapes and the many issues that emerge when different interest groups attempt to gain control over them. Based on career-spanning case studies undertaken by the author, this book looks at sites with deep indigenous histories. Melissa Baird pays special attention to Uluru-Kata Tjuta National Park and the Burrup Peninsula along the Pilbara Coast in Australia, the Altai Mountains of northwestern Mongolia, and Prince William Sound in Alaska. For many communities, landscapes such as these have long been associated with cultural identity and memories of important and difficult events, as well as with political struggles related to nati...
This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.
Heritage Planning: Principles and Process provides a comprehensive overview of heritage planning as an area of professional practice. The book first addresses the context and principles of heritage planning, including land-use law, planning practice, and international heritage doctrine, all set within the framework of larger societal issues such as sustainability and ethics. The book then takes readers through the pragmatic processes of heritage practice including collecting data, identifying community opinion, determining heritage significance, the best practices and methods of creating a conservation plan, and managing change. Heritage Planning recognizes changing approaches to heritage conservation, particularly the shift from the conservation of physical fabric to the present emphasis on retaining values, associations and stories that historic places hold for their communities. The transition has affected the practice of heritage planning and is important for those in the field. It is essential reading for both professionals that manage change within the built environment and students of heritage conservation and historic preservation.
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law...
Through assessing climate disaster law in relation to international, public, private and environmental law this Research Handbook considers the unique challenges, barriers and opportunities that climate disasters pose for law and policy. Scientific and empirical evidence suggests that the laws addressing natural disasters cannot be adequately applied to disasters that are caused by climate change. Featuring contributions from leading international experts, this Research Handbook will be a useful resource for those with an interest in environmental law and international policymaking.
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
In The Role of International Environmental Law in Disaster Risk Reduction, edited by Jacqueline Peel and David Fisher, expert authors from four continents offer perspectives on the growing intersection between environmental law and disaster risk management. Chapters discuss the potential for retasking environmental law tools and principles for purposes of mitigating the harms of potential disasters, including those exacerbated by climate change, and approaches for linking institutions and approaches across the environmental, climate adaptation and disaster risk management fields internationally. This book illustrates the blurring distinction between natural and manmade disasters and the consequences for legal norms and practice in the formerly distinct areas of international environmental law and international disaster law.
How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.
The core focus of this timely volume is to ascertain how regional environmental law may contribute to the pursuit of global sustainable development. Leading scholars critically analyze the ways in which states may pool sovereignty to find solutions to