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Enforcing International Cultural Heritage Law (Hardcover, New)
Loot Price: R3,680
Discovery Miles 36 800
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Enforcing International Cultural Heritage Law (Hardcover, New)
Series: Cultural Heritage Law And Policy
Expected to ship within 12 - 17 working days
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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.
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