THE CONCEPT OF CULTURAL GENOCIDE AN INTERNATIONAL LAW PERSPECTIVE CULTURAL HERITAGE LAW AND POLICY

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The Concept Of Cultural Genocide

Author : Elisa Novic
ISBN : 9780191090929
Genre : Law
File Size : 62.39 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.
Category: Law

Enforcing International Cultural Heritage Law

Author : Francesco Francioni
ISBN : 9780199680245
Genre : Law
File Size : 34.89 MB
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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.
Category: Law

Landscape Protection In International Law

Author : Amy Strecker
ISBN : 9780192560728
Genre : Law
File Size : 70.97 MB
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Once the exclusive prerogative of domaine réservé, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic. How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.
Category: Law

The Settlement Of International Cultural Heritage Disputes

Author : Alessandro Chechi
ISBN : 9780198703990
Genre : Law
File Size : 41.91 MB
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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.
Category: Law

Cultural Rights As Collective Rights

Author : Andrzej Jakubowski
ISBN : 9789004312029
Genre : Law
File Size : 70.47 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.
Category: Law

State Succession In Cultural Property

Author : Andrzej Jakubowski
ISBN : 9780191057991
Genre : Law
File Size : 25.51 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.
Category: Law

International Cultural Heritage Law

Author : Janet Blake
ISBN : 9780191035319
Genre : Law
File Size : 85.24 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.
Category: Law

Indigenous Peoples As Subjects Of International Law

Author : Irene Watson
ISBN : 9781317240662
Genre : Law
File Size : 55.82 MB
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For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Category: Law

Aboriginal Peoples Colonialism And International Law

Author : Irene Watson
ISBN : 9781317938378
Genre : History
File Size : 33.43 MB
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This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Category: History

Bosnia And The Destruction Of Cultural Heritage

Author : Dr Helen Walasek
ISBN : 9781472400888
Genre : Social Science
File Size : 67.1 MB
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The massive intentional destruction of cultural heritage during the 1992-1995 Bosnian War targeting a historically diverse identity provoked global condemnation and became a seminal marker in the discourse on cultural heritage. It prompted an urgent reassessment of how cultural property could be protected in times of conflict and led to a more definitive recognition in international humanitarian law that destruction of a people’s cultural heritage is an aspect of genocide. Yet surprisingly little has been published on the subject. This wide-ranging book provides the first comprehensive overview and critical analysis of the destruction of Bosnia-Herzegovina’s cultural heritage and its far-reaching impact. Scrutinizing the responses of the international community during the war (including bodies like UNESCO and the Council of Europe), the volume also analyses how, after the conflict ended, external agendas impinged on heritage reconstruction to the detriment of the broader peace process and refugee return. It assesses implementation of Annex 8 of the Dayton Peace Agreement, a unique attempt to address the devastation to Bosnia’s cultural heritage, and examines the treatment of war crimes involving cultural property at the International Criminal Tribunal for the former Yugoslavia (ICTY). With numerous case studies and plentiful illustrations, this important volume considers questions which have moved to the foreground with the inclusion of cultural heritage preservation in discussions of the right to culture in human rights discourse and as a vital element of post-conflict and development aid.
Category: Social Science