art cultural heritage and the law

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Art Cultural Heritage And The Law

Author : Patty Gerstenblith
ISBN : 1611632048
Genre : Law
File Size : 80. 10 MB
Format : PDF
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"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."

Art And Cultural Heritage

Author : Barbara T. Hoffman
ISBN : 0521857643
Genre : Law
File Size : 45. 86 MB
Format : PDF, ePub
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Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.

Private International Law Art And Cultural Heritage

Author : Christa Roodt
ISBN : 9781781002162
Genre : Law
File Size : 31. 44 MB
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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

Art Cultural Heritage And The Market

Author : Valentina Vadi
ISBN : 9783642450945
Genre : Law
File Size : 39. 98 MB
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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.

Art Antiquity And The Law

Author : Archer St. Clair Harvey
ISBN : 0813528488
Genre : Social Science
File Size : 90. 9 MB
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This publication originated from a three-day international conference, as fifty-one experts from around the world addressed a major international crisis -- the worldwide looting, theft, and destruction of monuments, sites, artifacts, and works of art that constitute our global cultural heritage. The illegal excavation and transfer of cultural property has reached an all-time high, thanks to a booming international art market, and despite international censure and attempts at regulation. Careless development threatens or destroys priceless artifacts. War causes irreparable destruction of monuments and works of art, and, in turn, the obliteration of a people's sense of place.These trends produce complex, often intertwined problems. Archaeologists, cultural heritage specialists, and experts in cultural property law provide an in-depth, area-specific introduction using case studies focused on particular regions. They address the legal, ethical, and practical issues that have fueled this crisis and the steps that are being taken to stop the destruction and illegal traffic. Finally, the book serves to document these efforts by bringing together all relevant treaties, conventions, resolutions, and other position papers.Art, Antiquity, and the Law shows that what is at stake is not only the antiquities themselves but the information they can impart -- which can be understood only if they are excavated by persons able to give them the attention they deserve.

Crimes Against Art

Author : Bonnie Czegledi
ISBN : 0779823168
Genre : Biography & Autobiography
File Size : 73. 37 MB
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Art Law

Author : Leonard D. DuBoff
ISBN : 9781454887935
Genre : Law
File Size : 81. 51 MB
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Art Law: Cases and Materials, Second Edition offers a timely and panoramic view of the entire field of law. Designed as a primary text for courses on Law and the Visual Arts, Cultural Property Law, or Cultural Heritage Law, the three-part framework of this highly readable casebook explores Artists’ Rights, Art Markets, and the International Preservation of Art and Cultural Property.

International Cultural Heritage Law

Author : Janet Blake
ISBN : 9780191035319
Genre : Law
File Size : 62. 44 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.

China Cultural Heritage And International Law

Author : Hui Zhong
ISBN : 9781351605694
Genre : Law
File Size : 48. 84 MB
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China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

Stealing History

Author : Colleen Margaret Clarke
ISBN : 9781442260801
Genre : True Crime
File Size : 41. 85 MB
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Art and cultural crime is a looming criminal enterprise with estimated losses of billions of dollars annually. How do these crimes happen? How prevalent are these crimes today? Stealing History looks at the security and policing surrounding these crimes, and how there is room for improvement to prevent more of history from being stolen.

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