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The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri
The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri
Case Western Reserve Journal of International Law
First, the article engages with the crucial question of how fashion is cultural heritage, or, at least, how fashion can be considered a part of the ICOM Code’s definition of heritage, and therefore within the scope of the minimum ethical standards it sets forth for its members and potentially for museums at large. Second, the article presents the ICOM Code, contextualizing it within the ICOM’s framework as a nongovernmental international public interest organization, and examines how the ICOM Code is a source of general principles of international law. As part of this section, the article also highlights how one of …
International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder
International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder
Case Western Reserve Journal of International Law
The FSIA, however, did not do away with the common law act of state doctrine, which is another hurdle plaintiffs must overcome. Under the act of state doctrine, U.S. courts decline to hear suits challenging the acts of another sovereign in its own territory. This doctrine, too, is grounded in flexible principles of international comity. This essay discusses both the FSIA and the act of state doctrine in the context of cases seeking to recover art and cultural property taken during the Nazi-era and Russian Revolution after providing necessary historical background.
The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis
The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis
Case Western Reserve Journal of International Law
However, the case’s firm grounding in international law, and the clear connection between a category of cultural-property crimes and attempts at cultural erasure, challenges the notion that these are second-rate crimes. The case reinforces the legal principle that attacks on culture, like attacks against people, constitute war crimes subject to international criminal prosecution. The Al Mahdi case will be significant in determining how the international community should best deal with such abhorrent attacks in the future.