The Concept Of Cultural Genocide

Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 0191090921
Size: 44.61 MB
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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.

Intangible Cultural Heritage In International Law

Author: Lucas Lixinski
Publisher: OUP Oxford
ISBN: 0199679509
Size: 46.52 MB
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Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

International Cultural Heritage Law

Author: Janet Blake
Publisher: OUP Oxford
ISBN: 0191035319
Size: 66.25 MB
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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 analysing 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.

Enforcing International Cultural Heritage Law

Author: Francesco Francioni
Publisher: Oxford University Press
ISBN: 0199680248
Size: 54.17 MB
Format: PDF
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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.

Incitement On Trial

Author: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 110710310X
Size: 21.44 MB
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This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.

The Settlement Of International Cultural Heritage Disputes

Author: Alessandro Chechi
Publisher: Oxford University Press, USA
ISBN: 0198703996
Size: 77.35 MB
Format: PDF
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The international practice of the past forty years shows the proliferation of a great variety of disputes concerning tangible cultural heritage. These mostly consist of inter-State and private claims about artworks stolen or illegally exported, and controversies regarding the protection of monuments and cultural spaces, not only from war-like situations, but also from non-violent processes, such as the realisation of investment projects. This book discusses whether an improvement in the manner in which these disputes are dealt with may enhance the international protection of cultural heritage.

Cultural Rights As Collective Rights

Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9004312021
Size: 53.20 MB
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Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.

State Succession In Cultural Property

Author: Andrzej Jakubowski
Publisher: OUP Oxford
ISBN: 0191057991
Size: 43.28 MB
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The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states.

Cultural Rights As Collective Rights

Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9004312021
Size: 57.47 MB
Format: PDF, Docs
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Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.

Cultural Rights In International Law

Author: Elsa Stamatopoulou
Publisher: BRILL
ISBN: 9004157522
Size: 13.34 MB
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Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.