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The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.
This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.​
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
This “riveting history . . . brings us face to face with this notorious trial” of a Russian Jew who was framed for ritual murder in 1913 (Jewish Book World). On Sunday, March 20, 1911, children playing in a cave near Kiev made a gruesome discovery: the blood-soaked body of a partially clad boy. After right-wing groups asserted that the killing was a ritual murder, the police, with no direct evidence, arrested Menachem Mendel Beilis, a thirty-nine-year-old Jewish manager at a factory near the site of the crime. Beilis’s trial in 1913 quickly became an international cause célèbre. The jury ultimately acquitted Beilis but held that the crime had the hallmarks of a ritual murder. Robert Weinberg’s account of the Beilis Affair explores the reasons why the tsarist government framed Beilis, shedding light on the excesses of antisemitism in late Imperial Russia. It is a gripping narrative culled from trial transcripts, newspaper articles, Beilis’s memoirs, and archival sources, many appearing in English for the first time.
This study examines whether there is any rule of (customary) international law stipulating that cultural objects belonging to foreign States that are on loan for temporary exhibition are immune from seizure, or whether such a rule is emerging.
This invaluable resource provides a comprehensive historical and demographic overview of American Indians along with more than 100 cross-referenced entries on American Indian culture, exploring everything from arts, literature, music, and dance to food, family, housing, and spirituality. American Indian Culture: From Counting Coup to Wampum is organized by cultural form (Arts; Family, Education, and Community; Food; Language and Literature; Media and Popular Culture; Music and Dance; Spirituality; and Transportation and Housing). Examples of topics covered include icons of Native culture, such as pow wows, Indian dancing, and tipi dwellings; Native art forms such as pottery, rock art, sandpainting, silverwork, tattooing, and totem poles; foods such as corn, frybread, and wild rice; and Native Americans in popular culture. The extensive introductory section, breadth of topics, accessibly written text, and range of perspectives from the many contributors make this work a must-have resource for high school and undergraduate audiences.
Using contemporary case studies, this book offers a novel legal perspective on the protection of cultural heritage during war.
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.
This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.