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Articles 241 - 270 of 285
Full-Text Articles in Cultural Heritage Law
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Texas A&M Law Review
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Chicago-Kent Law Review
The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …
The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke
Georgia Journal of International & Comparative Law
No abstract provided.
An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property, Matthew Smart
Chicago-Kent Law Review
Cultural heritage has been targeted during military conflicts throughout history. Currently, the conflict in Syria is resulting in the destruction of ancient immoveable cultural heritage property. This destruction is particularly devastating because Syria has served as a melting pot of Eastern and Western cultures throughout history. This note examines the history of international laws aimed at the protection of cultural heritage property. After applying those laws to the current Syrian conflict, this note offers multiple suggestions to improve the protection of immoveable cultural heritage property. The improvements advanced by this note include necessary changes to the current regime of international …
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
University of the District of Columbia Law Review
Occupying a mere 4.6 kilometers on the frontier betweenThailand and Cambodia, the temple of Preah Vihear maintains secondary importance in the pantheon of ancient Khmer architecture to the more celebrated complex at Angkor. Even so, it has been the source of tremendous conflict throughout the 20th and 21st centuries. This conflict claimed the lives of both civilians and soldiers in 2011, and forced the dislocation of tens of thousands of villagers. Encompassing questions of cultural heritage and border demarcation, Preah Vihear has grown as a symbol of identity and self-direction within both Thailand and Cambodia. The 1962 International Court of …
From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris
UIC Review of Intellectual Property Law
This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline
UIC Review of Intellectual Property Law
No abstract provided.
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
UIC Review of Intellectual Property Law
No abstract provided.
Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray
UIC Review of Intellectual Property Law
The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo …
Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi
UIC Review of Intellectual Property Law
While the current world order of independent nation-states may seem like a natural state that has existed for centuries, in reality, it is a relatively new development that was forged after the demise of imperial rule. Yet, the nation-state is the foundational entity of our current international political and legal framework. International treaties and relations are structured around the nation-state, which is recognized as the core entity in which rights are vested and on which obligations are imposed. This prioritization of the nation-state leads to issues when we consider the repatriation of cultural heritage, particularly in light of the history …
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak
UIC Review of Intellectual Property Law
Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …
Amber Tears And Copyright Fears: The Inadequate Protection Of Cultural Heritage In The United States, 15 J. Marshall Rev. Intell. Prop. L. 543 (2016), Ingrida Latoza
UIC Review of Intellectual Property Law
The United States is comprised of many different cultural communities, each rich with expressions of language and custom. Cultural diversity promotes respect among individuals and harmonizes differences between communities—nationally and globally. Through the preservation of cultural heritage, diversity is maintained. Since World War II, with the exile of many from Lithuania, members of the Lithuanian-American community have strived to maintain the cultural heritage of their beloved homeland. After several decades, a Lithuanian-American cultural identity has developed, creating unique and individual traditions, adding to the cultural heritage of the United States as a whole. Most of the international community has adopted …
The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day
Cardozo Journal of International and Comparative Law
The note examines the contrasting regulatory landscapes of the U.S. and Australian art markets, highlighting how excessive regulation can inadvertently harm market value and artist livelihoods. It argues that while the U.S. art market operates with minimal federal oversight, Australia’s heavily regulated indigenous art market has suffered unintended consequences, such as weakened sales and increased market supply. The analysis serves as a cautionary tale for the U.S. as it considers stronger regulation of its own art market.
The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In
The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In
Indonesian Journal of International Law
This paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia (“tobacco measures”). Following the adoption of the Framework Convention on Tobacco Control (“FCTC”) in May 2003 (enforce by February 2005), member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the …
Protecting Traditional Knowledge In International Intellectual Property Law: Imperatives For Protection And Choice Of Modalities, 14 J. Marshall Rev. Intell. Prop. L. 25 (2014), Tesh Dagne
UIC Review of Intellectual Property Law
The need for protecting traditional knowledge (TK) has been acknowledged in discussion and negotiations under the umbrella of a number of inter-governmental organizations that deal with biodiversity, the environment, indigenous peoples’ rights, human rights, food and agriculture, among others. It has, however, proved difficult to arrive at a consensus on the proper modality that can serve the needs and desires of Indigenous and Local Communities (ILCs) in their economic and cultural participation. The article examines the imperatives for the protection of TK and explores the modalities of TK protection at the international level for regulating the control of, access to …
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Articles, Book Chapters, & Popular Press
Digitization of library material, archives and museum collections, arts organizations repositories is progressing rapidly, and opens up new possibilities of accessing, using and re-using the knowledge embodied in cultural heritage. By giving new purpose and function to works, it enhances the value of the public domain and enriches the public sphere. However, digitization also creates the conditions for the rise of new proprietary entitlements over cultural objects. Such ‘informational monopolies’ are often justified as necessary to recoup the high costs of digitization, or as the basis to provide additional sources of income for the cultural institutions. At the same time, …
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati
Indonesian Journal of International Law
Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …
A Meteorite And A Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution, Sam Markowitz
A Meteorite And A Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution, Sam Markowitz
Cardozo Journal of Conflict Resolution
This Note proceeds in a number of parts. Part I will present two case studies: First, the Willamette Meteorite and the agreement between the Grand Ronde Tribe and the AMNH; and second, the recent agreement between Peru and Yale University regarding artifacts from Machu Picchu. Part II will briefly explain and outline Alternative Dispute Resolution (ADR) and the methods through which successful resolution to disputes are achieved, specifically noting that in the last decade, cultural property disputes have been increasingly resolved through ADR. Part III will compare the agreements reached in both instances, proposing several reasons why these agreements worked …
Once More Unto The Breach: Some Thoughts On The Future Of The Eez, Guy Des Rosiers
Once More Unto The Breach: Some Thoughts On The Future Of The Eez, Guy Des Rosiers
Indonesian Journal of International Law
By public international law standards, the Exclusive Economic Zone (EEZ) maintains a relative newcomer, the product of State practice following the end of the Second World War and multilateral negotiations culminating with the entry into force, in November 1994, of the 1982 United Nations Convention of the Law of the Sea, In defining the EEZ, the Convention has created a sui generis legal regime over vast areas that were previously part of the high seas. Neither Grotian nor Seldenian in spirit, the EEZ regime forgoes the absolute language of territory and sovereignty in favor of discrete sets of rights and …
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Indonesian Journal of International Law
In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of …
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
Indonesian Journal of International Law
After the 9/11 attack, the US government called upon global war on terror (GWOT). Then terrorism has been considered as a threat of global security. It is, therefore, has led both national and international concern under US hegemony. Furthermore, it has affected the proliferation of many national counter-terrorism laws. The terrorist attacks have threatened Indonesia over years. Under the act No.15/2003 jo No.1/Prp/2002 the Indonesian government has successfully conducted prosecutions to the terrorism perpetrators. However, it is identified that there are such violations regarding to international human rights rules and standards. The concern in handling terrorism demands a balance concern …
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesian Journal of International Law
Within the framework of national integrity the ocean possesses two key aspects that is, of security and prosperity. The demarcation of the outer limits of national mari- time territory and jurisdiction including delimitation of boundaries with neighboring countries will provide a legal basis for a number of marine activities such as defense, fisheries, navigation, seabed and subsoil exploration and exploitation, marine tourism and others. Boundary issues for Indonesia, whether on land, at sea even in the air, have always been a matter of national priority. At present, Indonesia still have some unresolved boundary delimitation with its neighboring countries. The completion …
From Bali To Copenhagen: Indonesia's Position And Role In International Negotiation To Establish A Post-Kyoto Protocol Agreement On Climate Change, Syamsul Hadi
Indonesian Journal of International Law
In the light of upcoming end of the Kyoto Protocol in 2012, international society is in the urgent need to arrange a new international agreement to cope more with the issue that has been threatening both today and the future generation. In this context, Indonesia has attempted to contribute a positive role to seek international consensus on the climate change negotiations, including by becoming the host of Un Conference on Climate Change in Bali (2007), whoch resulted in the Bali Roadmap and Bali Action Plan, both of which has become important stepping stone for the Post-Kyoto Protocol international regime. However, …
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Indonesian Journal of International Law
The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing …
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Indonesian Journal of International Law
There are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi …
The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law, Li Enshen
Indonesian Journal of International Law
Guaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues …
The Legal Process Of Cultural Genocide: Chinese Destruction Of Tibetan Culture V. U.S. Destruction Of Native American Culture, Evan Mascagni
The Legal Process Of Cultural Genocide: Chinese Destruction Of Tibetan Culture V. U.S. Destruction Of Native American Culture, Evan Mascagni
University of the District of Columbia Law Review
No abstract provided.
Australia's Heritage Protection Act: An Alternative To Copyright In The Struggle To Protect Communal Interests In Authored Works Of Folklore, Jake Phillips
Washington International Law Journal
Australian indigenous communities are vulnerable to communal harm inflicted by the unauthorized, derogatory use of their works of folklore. Such works are often considered sacred to indigenous communities and are granted significant protection under customary law. However, under many circumstances, the 1968 Copyright Act, the Australian law governing authored works, fails to protect works of indigenous folklore. While an amendment to the Copyright Act appears a likely next step in Australia’s efforts to recognize a community’s interest in communal works of folklore, Australia’s Heritage Protection Act represents a more appropriate and efficient vehicle for addressing unique communal interests in these …
Safeguarding China's Cultural History: Proposed Amendments To The 2002 Law On The Protection Of Cultural Relics, Amanda K. Maus
Safeguarding China's Cultural History: Proposed Amendments To The 2002 Law On The Protection Of Cultural Relics, Amanda K. Maus
Washington International Law Journal
The 2002 Law on the Protection of Cultural Relics (“2002 Law”) has done little to safeguard cultural property in China. While the statute provides general procedures for relic collection, protection, and cataloging, and sets punishments for individuals and entities that violate the law, it does not furnish funding for the implementation of these measures. Amendments in 2007 failed to address the major problems of the 2002 Law—notably, the lack of incentives to return stolen or looted property and insufficient funding of the law. Due to these problems, the 2002 Law should again be amended to create a fund for the …