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Author:
Publisher: Schulthess
ISBN: 9783725548026
Category : Cultural property
Languages : en
Pages : 437
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Book Description
Author:
Publisher: Schulthess
ISBN: 9783725548026
Category : Cultural property
Languages : en
Pages : 437
Get Book
Book Description
Author: Permanent Court of Arbitration. International Bureau
Publisher: Hague : Kluwer Law International ; [Zürich] : Schulthess
ISBN: 9789041122889
Category : Law
Languages : en
Pages : 437
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Book Description
The papers collected in this volume represent the work of the Permanent Court of Arbitration's 7th International Law Seminar, The Resolution of Cultural Property Disputes, held at the Peace Palace in The Hague in the spring of 2003 and attended by world-renowned legal experts and professionals from art institutions. The looting of the National Museum of Iraq in Baghdad during the Second Gulf War is only the most recent example of the depredation of cultural property that can be part of the tragic human cost of war. Brazen pillage causes the world an irretrievable loss of significant information about our universal past. Given the magnitude of the problem, it is surprising how little international jurisprudence there is in this field. Furthermore, more than 50 years on, many Holocaust-era cases of looted or stolen art remain unresolved and continue to emerge. In this volume, several authors discuss the range of resources, such as internet databases, now available for art provenance research, especially for cases related to World War II. Cultural property disputes raise complicated questions that enter into many spheres, including history, national and international law, and of course, the marketplace. Because of the wide variety of legal norms and the cross-border nature of most cultural property claims, complicated conflict of law issues inevitably arise. As several of the authors in this volume note and examine from various angles, cultural property claims run up against differing and sometimes prohibitive limitation periods, evidentiary standards, not to mention competing claims of good faith acquisition of property. Several of the authors note that traditional legal norms are often incapable of addressing the special problems of cultural property and recommend the institution of special arbitral regimes equipped with unique substantive and procedural rules capable of handling such cases.
Author: Alessandro Chechi
Publisher: Cultural Heritage Law and Poli
ISBN: 0198703996
Category : Law
Languages : en
Pages : 385
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Book Description
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.
Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521857642
Category : Law
Languages : en
Pages : 608
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Book Description
This volume contains relevant and pressing issues in the law, policy, and the practice of art and cultural heritage protection.
Author: Alessandro Chechi
Publisher: OUP Oxford
ISBN: 0191009083
Category : Law
Languages : en
Pages : 400
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Book Description
The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.
Author: Christa Roodt
Publisher: Edward Elgar Publishing
ISBN: 1781002169
Category : Law
Languages : en
Pages : 416
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Book Description
In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co
Author: Manuel Indlekofer
Publisher: Kluwer Law International B.V.
ISBN: 9041147748
Category : Law
Languages : en
Pages : 480
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Book Description
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Author: Valentina Vadi
Publisher: Springer Science & Business Media
ISBN: 3642450946
Category : Law
Languages : en
Pages : 342
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Book Description
In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.
Author: Mara Wantuch-Thole
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110386607
Category : Law
Languages : en
Pages : 420
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Book Description
This thesis comparatively investigates into thecross-border enforcementof claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms tosuccessfully implementthese rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.
Author: Irini A. Stamatoudi
Publisher: Edward Elgar Publishing
ISBN: 0857930303
Category : Political Science
Languages : en
Pages : 417
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Book Description
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
