Culture and International Law

Culture and International Law
  • Author : Hikmahanto Juwana,Jeffrey Thomas,Mohd Hazmi Mohd Rusli,Dhiana Puspitawati
  • Publisher : CRC Press
  • Pages : 488
  • Relase : 2021-04
  • ISBN : 0367776626

Culture and International Law Book Review:

Papers from the International Conference of the Centre of International Law Studies (CILS 2018). This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.

The Concept of Cultural Genocide

The Concept of Cultural Genocide
  • Author : Elisa Novic
  • Publisher : Oxford University Press
  • Pages : 289
  • Relase : 2016
  • ISBN : 9780198787167

The Concept of Cultural Genocide Book Review:

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.

Cultural Rights in International Law and Discourse

Cultural Rights in International Law and Discourse
  • Author : Stephenson Chow
  • Publisher : BRILL
  • Pages : 302
  • Relase : 2018-02-01
  • ISBN : 9789004328587

Cultural Rights in International Law and Discourse Book Review:

In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Culture and International Law

Culture and International Law
  • Author : Paul Meerts
  • Publisher : Hague Academic Press
  • Pages : 266
  • Relase : 2011-08-12
  • ISBN : 9067046825

Culture and International Law Book Review:

Hague Academic Press, a T.M.C. Asser Press imprint How do different cultures deal with international law and how does international law influence the rules and regulations of these cultures? Is international law an effective tool in protecting cultural heritage, especially in wartime? Does it protect the heritage of cultures in a balanced way? Above all, how do you define 'culture' and 'international law'? These important questions were asked at the Fourth Conference of the Hague Academic Coalition (HAC) (entitled 'From Peace to Justice') in April 2007. Valuable views, from different angles and perceptions, were presented and discussed. This book, in which questions, views and suggestions are brought together, intends to trigger an international debate and a search for clarity on these issues in the near future and is valuable for academics, international lawyers, judges, solicitors, political scientists, historians, diplomats and all those with an interest in cultures and international law.

Culture and International Economic Law

Culture and International Economic Law
  • Author : Valentina Vadi,Bruno de Witte
  • Publisher : Routledge
  • Pages : 270
  • Relase : 2015-02-11
  • ISBN : 9781317910756

Culture and International Economic Law Book Review:

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Cultural Heritage and International Law

Cultural Heritage and International Law
  • Author : Evelyne Lagrange,Stefan Oeter,Robert Uerpmann-Wittzack
  • Publisher : Springer
  • Pages : 281
  • Relase : 2018-07-04
  • ISBN : 9783319787893

Cultural Heritage and International Law Book Review:

This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.

Intersections of Law and Culture at the International Criminal Court

Intersections of Law and Culture at the International Criminal Court
  • Author : Julie Fraser,Brianne McGonigle Leyh
  • Publisher : Edward Elgar Publishing
  • Pages : 456
  • Relase : 2020-10-30
  • ISBN : 9781839107306

Intersections of Law and Culture at the International Criminal Court Book Review:

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Cultural Rights in International Law

Cultural Rights in International Law
  • Author : Elsa Stamatopoulou
  • Publisher : BRILL
  • Pages : 353
  • Relase : 2007
  • ISBN : 9789004157521

Cultural Rights in International Law Book Review:

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.

International Law and the Protection of Cultural Heritage

International Law and the Protection of Cultural Heritage
  • Author : Craig Forrest
  • Publisher : Routledge
  • Pages : 482
  • Relase : 2012-08-06
  • ISBN : 9781135224509

International Law and the Protection of Cultural Heritage Book Review:

The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.

Intangible Cultural Heritage Under National and International Law

Intangible Cultural Heritage Under National and International Law
  • Author : Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance
  • Publisher : Edward Elgar Publishing
  • Pages : 224
  • Relase : 2020-09-25
  • ISBN : 9781839100031

Intangible Cultural Heritage Under National and International Law Book Review:

This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage and highlight challenging concepts.

Chinese Contemporary Perspectives on International Law

Chinese Contemporary Perspectives on International Law
  • Author : Xue Hanqin
  • Publisher : Martinus Nijhoff Publishers
  • Pages : 289
  • Relase : 2012-12-03
  • ISBN : 9789004236134

Chinese Contemporary Perspectives on International Law Book Review:

Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

Economic, Social, and Cultural Rights in International Law

Economic, Social, and Cultural Rights in International Law
  • Author : Eibe Riedel,Gilles Giacca,Christophe Golay
  • Publisher : OUP Oxford
  • Pages : 650
  • Relase : 2014-03-13
  • ISBN : 9780191509582

Economic, Social, and Cultural Rights in International Law Book Review:

Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.

Cultural Law

Cultural Law
  • Author : James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
  • Publisher : Cambridge University Press
  • Pages : 1041
  • Relase : 2010-11
  • ISBN : 9780521865500

Cultural Law Book Review:

"A unique collection of materials and commentary on cultural law that demonstrates the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues"--Provided by publisher.

Intangible Cultural Heritage in International Law

Intangible Cultural Heritage in International Law
  • Author : Lucas Lixinski
  • Publisher : OUP Oxford
  • Pages : 295
  • Relase : 2013-06-13
  • ISBN : 9780199679508

Intangible Cultural Heritage in International Law Book Review:

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.

Cultural Heritage, Cultural Rights, Cultural Diversity

Cultural Heritage, Cultural Rights, Cultural Diversity
  • Author : Silvia Borelli,Federico Lenzerini
  • Publisher : Martinus Nijhoff Publishers
  • Pages : 461
  • Relase : 2012-07-05
  • ISBN : 9789004228399

Cultural Heritage, Cultural Rights, Cultural Diversity Book Review:

This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.

Transcultural Diplomacy and International Law in Heritage Conservation

Transcultural Diplomacy and International Law in Heritage Conservation
  • Author : Olimpia Niglio,Eric Yong Joong Lee
  • Publisher : Springer Nature
  • Pages : 435
  • Relase : 2021-05-02
  • ISBN : 9789811603099

Transcultural Diplomacy and International Law in Heritage Conservation Book Review:

This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.

Cultural Rights as Collective Rights

Cultural Rights as Collective Rights
  • Author : Andrzej Jakubowski
  • Publisher : BRILL
  • Pages : 400
  • Relase : 2016-07-21
  • ISBN : 9789004312029

Cultural Rights as Collective Rights Book Review:

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.

Diversity and Integration in Private International Law

Diversity and Integration in Private International Law
  • Author : Veronica Ruiz Abou-Nigm
  • Publisher : Edinburgh University Press
  • Pages : 416
  • Relase : 2019-08-21
  • ISBN : 9781474447874

Diversity and Integration in Private International Law Book Review:

Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

International Cultural Heritage Law

International Cultural Heritage Law
  • Author : Janet E. Blake
  • Publisher : Cultural Heritage Law and Poli
  • Pages : 385
  • Relase : 2015
  • ISBN : 9780198723516

International Cultural Heritage Law Book Review:

This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed.

Hybridity: Law, Culture and Development

Hybridity: Law, Culture and Development
  • Author : Nicolas Lemay-Hébert,Rosa Freedman
  • Publisher : Taylor & Francis
  • Pages : 332
  • Relase : 2017-02-17
  • ISBN : 9781317202905

Hybridity: Law, Culture and Development Book Review:

This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other.