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Title Enforcing international cultural heritage law / edited by Francesco Francioni, James Gordley
Edition First edition
Published Oxford : Oxford University Press, 2013
Oxford, United Kingdom Oxford University Press, 2013

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Location Call no. Vol. Availability
 MELB  KC 236.4 Fra/Eic  AVAILABLE
Description xix, 259 pages ; 24 cm
Series Cultural heritage law and policy
Cultural heritage law and policy.
Contents Introduction / Francesco Francioni and James Gordley -- Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law / Francesco Francioni -- Enforcement of Restitution of Cultural Heritage through Peace Agreements / Ana Vrdoljak -- The Role of International and Mixed Criminal Courts in the Enforcement of International Norms on the Protection of Cultural Heritage / Federico Lenzerini -- Enforcement of International Cultural Property Norms in Time of War / Laurie Rush -- Sovereign Immunity and the Enforcement of International Cultural Property Law / Riccardo Pavoni -- The Enforcement of Foreign Law : Reclaiming One Nation's Cultural Heritage in Another Nation's Courts / James Gordley -- The Enforcement of Underwater Cultural Heritage Law by Domestic Courts / Patrizia Vigni -- Enforcement of Criminal Sanctions in American State Courts / Patricia Gerstenblith -- Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage / Alessandro Chechi -- Social Norms and Illicit Cultural Heritage / Derek Finchman - Practices of Collecting in American Museums / Holly Flora -- Enforcing Import Restrictions of China's Cultural Objects : The 2009 Sino-US Memorandum of Understanding / Wang Yunxia
Summary A PDF version of this book is available for free in open access via www.oup.com/uk as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. 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
Notes Table of contents and index are taken from the published work with the permission of the publisher
Bibliography Includes bibliographical references and index
Subject Cultural property -- Protection (International law)
Cultural property -- Repatriation.
Law enforcement -- International cooperation.
Law enforcement.
Author Francioni, Francesco, editor of compilation
Gordley, James, editor of compilation
LC no. 2013363331
ISBN 0199680248 (cloth)
9780199680245 (cloth)