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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...
Art, Cultural Heritage, and the Law
Art, Cultural Heritage, and the Law is one of the first legal casebooks to address the rapidly emerging fields of art and cultural heritage law, utilizing an interdisciplinary approach. This book addresses artists¿ rights (freedom of expression, copyright, moral rights and rights in architectural works and historic preservation); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the archaeological and underwater her...
Yearbook of Cultural Property Law 2008
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, ...
The Destruction of Cultural Heritage in Iraq
Discussion of the issues surrounding the destruction of cultural property in times of conflict has become a key issue for debate around the world. This book provides an historical statement as of 1st March 2006 concerning the destruction of the cultural heritage in Iraq. In a series of chapters it outlines the personal stories of a number of individuals who were - and in most cases continue to be - involved. These individuals are involved at all levels, and come from various points along the political spectrum, giving a rounded and balanced perspective so easily lost in single authored reports. It also provides the first views written by Iraqis on the situation of archaeology in Iraq under S...
The Preservation of Art and Culture in Times of War
"Cultural heritage has become increasingly "conflict prone". Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by states and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. We have therefore progressed from seeing conflict-related destruction of cultural heritage just as a "cultural tragedy" to understanding it also as a "security issue." It is a shift from protecting cultural property from the harms of war for the sake of cultural property itself to viewing it as intricately connected to the broader pea...
International Criminal Law, Volume 1: Sources, Subjects and Contents
Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; N...
Cultural Heritage, Ethics and the Military
Examines the ethical dilemma of whether, and how, archaeologists and other experts should work with the military to protect cultural property in times of conflict. The world reacted with horror to the images of the looting of the National Museum in Iraq in 2003 - closely followed by other museums and then, largely unchecked, or archaeological sites across the country. This outcome had been predicted by many archaeologists, with some offering to work directly with the military to identify museums and sites to be avoided and protected. However, this work has since been heavily criticised by others working in the field, who claim that such collaboration lended a legitimacy to the invasion. It h...
Governing Guns, Preventing Plunder
From human trafficking to the smuggling of small arms to the looting of antiquities, illicit trade poses significant threats to international order. So why is it so difficult to establish international cooperation against illicit trade? Governing Guns, Preventing Plunder offers a novel, thought-provoking answer to this crucial question. Conventional wisdom holds that criminal groups are the biggest obstacle to efforts to suppress illicit trade. Contrarily, Asif Efrat explains how legitimate actors, such as museums that acquire looted antiquities, seek to hinder these regulatory efforts. Yet such attempts to evade regulation fuel international political conflicts between governments demanding...
Intersections in International Cultural Heritage Law
The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public int...
Cultural Property Crime and the Law
This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property. The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the pres...
