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This edited volume explores key issues of cultural heritage protection that have developed at the intersection between international cultural heritage law and other areas of public international law, such as the law of armed conflict, international and transnational criminal law, and the United Nations system.
The protection of cultural heritage is a common interest of humankind. This book comprehensively sets out the relevant legal frameworks, as well as the cultural and policy contexts in which they operate. It's a perfect introduction for students, as well as providing important new analysis for those working in the field.
The rise of landscape law poses pressing questions. How does international law affect so region-specific a concept? What is the legal conception of landscape and what is the role of international law in its protection? Strecker assesses the institutional framework for landscape protection, its interplay with human rights, and the theory behind it.
This book engages the shortcomings of the field of international heritage law, arguing that the five major UNESCO treaties have effectively prevented local communities from having a say in how their heritage is managed.
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 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.
International cultural heritage law has no set mechanism for dispute settlement. Disputes are settled through negotiation or through existing dispute resolution means: before domestic or international courts. This book offers a solution to the problem of the disparity this creates by advocating an evolution of the rules of the existing regime.
Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, this book identifes guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states.
This book details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. The volume traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation.
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