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Vol 21 No 11 Nov/Dec 2016

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Enforcing International Cultural Heritage Law (eBook)

Edited by: Francesco Francioni, James Gordley

ISBN13: 9780191669637
Published: June 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £61.67 + £12.33 VAT
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The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind".

How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study.

Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms.

The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict.

The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts.

The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.

Subjects:
eBooks, Art and Cultural Heritage Law
Contents:
Introduction

I. THE INTERNATIONAL LEGAL ORDER
1. Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law
2. Enforcement of Restitution of Cultural Heritage through Peace Agreements
3. The Role of International and Mixed Criminal Courts in the Enforcement of International Norms on the Protection of Cultural Heritage
4. Enforcement of International Cultural Property Norms in Time of War

II. ENFORCEMENT BY DOMESTIC COURTS
5. Sovereign Immunity and the Enforcement of International Cultural Property Law
6. The Enforcement of Foreign Law: Reclaiming One Nation's Cultural Heritage in Another Nation's Courts
7. The Enforcement of Underwater Cultural Heritage Law by Domestic Courts
8. Enforcement of Criminal Sanctions in American State Courts

III. ALTERNATIVE METHODS OF ENFORCEMENT: ARBITRATION, SOFT-LAW, DIPLOMACY, AND SETTLEMENTS
9. Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage
10. Social Norms and Illicit Cultural Heritage
11. Practices of Collecting in American Museums
12. Enforcing Import Restrictions of China's Cultural Objects: The 2009 Sino-US Memorandum of Understanding

Series: Cultural Heritage Law and Policy

The Concept of Cultural Genocide: An International Law Perspective ISBN 9780198787167
Published October 2016
Oxford University Press
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State Succession in Cultural Property (eBook) ISBN 9780191058004
Published June 2015
Oxford University Press
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State Succession in Cultural Property ISBN 9780198738060
Published June 2015
Oxford University Press
£70.00
The Settlement of International Cultural Heritage Disputes (eBook) ISBN 9780191009099
Published March 2014
Oxford University Press
£61.67 + £12.33 VAT
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The Settlement of International Cultural Heritage Disputes ISBN 9780198703990
Published March 2014
Oxford University Press
£74.00
Intangible Cultural Heritage in International Law ISBN 9780199679508
Published June 2013
Oxford University Press
£78.00
Intangible Cultural Heritage in International Law (eBook) ISBN 9780191668906
Published June 2013
Oxford University Press
£61.67 + £12.33 VAT
(ePub)
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Enforcing International Cultural Heritage Law ISBN 9780199680245
Published June 2013
Oxford University Press
£78.00