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A Guide to the DIAC Arbitration Rules

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Planning Law:
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 William Webster, Robert Weatherley


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Corporate Insolvency Practice:
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 Mark Watson-Gandy


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The Legal Pluralism of Heritage: Restitution and the Normative Knowledge of Communities of Origin


ISBN13: 9781041254799
To be Published: January 2027
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £171.99





The Legal Pluralism of Heritage: Restitution and the Normative Knowledge of Communities of Origin explores one of the most urgent debates in international cultural heritage law today: the role of Indigenous laws and local norms about material culture in the restitution process.

In an era of rising claims for restitution, this book examines how diverse legal and normative orders engage with communities seeking the return of cultural objects held in museums, private collections, and institutions worldwide. It argues that restitution processes need to consider the normative knowledge of communities of origin. Moving beyond conventional legal analysis, the volume includes theoretical interventions and case studies from (international) law, anthropology, archaeology, history, museum studies, art history and Indigenous legal studies, and from all five continents. It offers a new framework for understanding restitution not merely as a legal process, but as a dialogue between legal systems and the knowledge traditions of the communities to whom heritage belongs.

Timely and thought-provoking, this book is an essential resource for researchers and practitioners in international law, legal history, historical anthropology, and cultural heritage studies.

Subjects:
Art and Cultural Heritage Law
Contents:
1. Introduction - Legal Pluralism of Heritage: Towards a New Approach to Cultural Heritage Law
João Figueiredo and Sebastian M. Spitra

Part I: Constellations of Legal Pluralism and Cultural Heritage
2. Confronting the Complex Ontologies of Colonial Objects: Towards Greater Epistemic Pluralism
Carsten Stahn
3. Taking Indigenous Intellectual Property Law Seriously as Law
Val Napoleon
4. Asking Better Provenance Questions? Cultural Heritage, Legal Pluralism, and the 'Other'
Lucas Lixinski

Part II: (De)Constructing Institutions of Normative Knowledge
5. Barriers to the Homecoming of Cultural Heritage for Indigenous LGBTQIA+ Peoples: Welcoming the Unwelcome Indigenous-Rainbow 'Other'
Marijke Bassani
6. Colonial Collections and the Translocation of Belongings: The Long Duration of German Debates on Ownership of Cultural Heritage
Eva Künkler
7. Collecting at a Colonial Museum: A Case Study of the Raffles Museum in Singapore, 1874–1942
Edward Tan
8. Colliding Regimes of Normativity at Tell Halaf: The Ottoman Antiquities Law's Implementation between Local Customs and Foreign Intervention
Sebastian Willert

Part III: Conflicting Normativities and Restitution
9. And What about Internal Restitutions? Legal Aspects of the Return of Archaeological Artefacts to Indigenous Peoples
Alice Lopes Fabris and Caroline Borges
10. Legal Pluralism in the Criminal Courtroom: Reclaiming Indigenous Material Culture
Diogo Machado
11. Applying Fijian Vanua Research Frameworks for Repatriation in Museums: An Indigenous iTaukei Perspective
Tarisi Vunidilo

Part IV: Integrating Pluralism: Thinking about Legal Remedies
12. Imagining a Pluriversal Cultural Heritage Law
Sophie Starrenburg
13. Rupture and Continuity: The Ambivalence of the State Succession Law for Material Culture during Decolonization
Andrzej Jakubowski
14. Legal Pluralism and the Restitution of Indigenous Cultural Property in Latin America: Formalist and Humanist Perspectives
María Julia Ochoa Jiménez
15. Returning Emwin Arre to The Benin Kingdom: Using Traditional Customary Laws as a Path Towards Regional Restitution Policies in Nigeria
Tokie Laotan-Brown and Bekeh Ukelina

16. Afterword
Antoinette Maget-Domicé

Series: Routledge Studies in Cultural Heritage and International Law

£47.99
£47.99

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Intentional Destruction of Cultural Heritage and the Law: A Research Companion ISBN 9781032467443
Published September 2024
Routledge
£210.00
£47.99

Due to a technical issue some ebooks are not available to order.

£47.99

Due to a technical issue some ebooks are not available to order.

£48.99

Due to a technical issue some ebooks are not available to order.

International Law and the Protection of Cultural Heritage ISBN 9780415684170
Published August 2011
Routledge
£61.99