Culture and International Law

Culture and International Law
Author: Hikmahanto Juwana,Jeffrey Thomas,Mohd Hazmi Mohd Rusli,Dhiana Puspitawati
Publsiher: CRC Press
Total Pages: 488
Release: 2019-09-03
Genre: Technology & Engineering
ISBN: 9780429759758

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In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. 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.

Culture and International Law

Culture and International Law
Author: Paul Meerts
Publsiher: Hague Academic Press
Total Pages: 266
Release: 2011-08-12
Genre: Law
ISBN: 9067046825

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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
Publsiher: Routledge
Total Pages: 270
Release: 2015-02-11
Genre: Law
ISBN: 9781317910756

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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 Rights in International Law and Discourse

Cultural Rights in International Law and Discourse
Author: Stephenson Chow
Publsiher: BRILL
Total Pages: 300
Release: 2018-02-05
Genre: Law
ISBN: 9789004328587

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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.

The Concept of Cultural Genocide

The Concept of Cultural Genocide
Author: Elisa Novic
Publsiher: Oxford University Press
Total Pages: 304
Release: 2016-10-20
Genre: Electronic Book
ISBN: 9780198787167

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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.

International Law and the Protection of Cultural Heritage

International Law and the Protection of Cultural Heritage
Author: Craig Forrest
Publsiher: Routledge
Total Pages: 480
Release: 2012-08-06
Genre: Law
ISBN: 9781135224509

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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
Publsiher: Edward Elgar Publishing
Total Pages: 224
Release: 2020-09-25
Genre: Law
ISBN: 9781839100031

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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.

Cultural Diversity in International Law

Cultural Diversity in International Law
Author: Lilian Richieri Hanania
Publsiher: Routledge
Total Pages: 322
Release: 2014-04-24
Genre: Business & Economics
ISBN: 9781134454815

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The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

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
Publsiher: Edward Elgar Publishing
Total Pages: 456
Release: 2020-10-30
Genre: Law
ISBN: 9781839107306

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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
Publsiher: BRILL
Total Pages: 333
Release: 2007
Genre: Law
ISBN: 9789004157521

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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.

Chinese Contemporary Perspectives on International Law

Chinese Contemporary Perspectives on International Law
Author: Xue Hanqin
Publsiher: Martinus Nijhoff Publishers
Total Pages: 288
Release: 2012-12-03
Genre: Law
ISBN: 9789004236134

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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.

Reframing the International

Reframing the International
Author: Richard Falk,R.B.J. Walker,Lester Ruiz
Publsiher: Routledge
Total Pages: 272
Release: 2013-10-08
Genre: Political Science
ISBN: 9781136702099

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Re-Framing the International insists that, if we are to properly face the challenges of the coming century, we need to re-examine international politics and development through the prism of ethics and morality. International relations must now contend with a widening circle of participants reflecting the diversity and uneveness of status, memory, gender, race, culture and class.

Cultural Rights as Collective Rights

Cultural Rights as Collective Rights
Author: Andrzej Jakubowski
Publsiher: BRILL
Total Pages: 400
Release: 2016-07-21
Genre: Law
ISBN: 9789004312029

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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 Heritage Cultural Rights Cultural Diversity

Cultural Heritage  Cultural Rights  Cultural Diversity
Author: Silvia Borelli,Federico Lenzerini
Publsiher: Martinus Nijhoff Publishers
Total Pages: 440
Release: 2012-07-05
Genre: Law
ISBN: 9789004228399

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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.

Cultural Property Law and Restitution

Cultural Property Law and Restitution
Author: Irini A. Stamatoudi
Publsiher: Edward Elgar Publishing
Total Pages: 416
Release: 2011-01-01
Genre: Political Science
ISBN: 9780857930309

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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.