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Full-Text Articles in Law
Human Rights And Illicit Trade In Cultural Objects, Ana Filipa Vrdoljak
Human Rights And Illicit Trade In Cultural Objects, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Movable cultural heritage is not bounded nor shielded by national territorial borders. Applicable domestic laws are of limited import without the cooperation of other states and the international community. Despite a century of domestic legal protection of movable cultural heritage in many states, widespread non-compliance and lack of enforcement has been the norm rather than the exception. However, the tide is turning. States formerly reluctant to ratify cultural heritage treaties have done so, signalling their acceptance of the importance of multilateral action in this field. Enforcement of such laws is viewed as part of the reinforcement of good governance, rule …
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …
Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson
Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson
Siegfried Van Duffel
Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.
The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin
The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin
David M. Smolin
This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.