Advanced Introduction to Cultural Heritage Law

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Advanced Introduction to Cultural Heritage Law

9781789900088 Edward Elgar Publishing
Lorenzo Casini, Professor of Administrative Law, IMT School for Advanced Studies, Lucca, Italy
Publication Date: March 2024 ISBN: 978 1 78990 008 8 Extent: 170 pp
Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.

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Critical Acclaim
Contents
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. Chapters build on examples of armed conflict, UNESCO World Heritage, illicit traffic and restitution, and museums. In addition to answering fundamental questions on cultural property, Casini constantly connects national and global aspects of cultural heritage law; he dissects old and contemporary dilemmas such as the public and private divide, the paradoxes of protection, the complex regulation of landscape, or the retention v. restitution approaches, and examines the future challenges of cultural heritage law in the digital age.

Key Features:

• Balances theory and practice of cultural heritage law
• Establishes links between jurisdiction and wider legal issues
• Connects domestic and global issues of cultural heritage law
• Presents a rich variety of case studies and examples from different legal systems
• Adopts a multidisciplinary approach connecting the law with the broader social sciences
• Introduces a comprehensive overview of international and comparative cultural heritage law

This coherent Advanced Introduction will prove invaluable to scholars across cultural heritage law and art law. It will also be an invigorating read for practitioners, museum professionals, and lawyers in cultural heritage, art law, and intellectual property worldwide. Lastly, it highlights the general relevance and significance of cultural heritage issues in the field of law and in social sciences more broadly.
Critical Acclaim
‘In this comprehensive, impressively documented study Professor Casini argues that six dilemmas, such as the tensions between protectionism and valorization, shape the development of cultural heritage law. The book bursts with insightful snapshots and evolving visions of narrative norms, national practices and international requirements.’
– James Nafziger, Willamette University College of Law, US

‘A fine balance between the legal analysis and the cultural significance of this area of law. Could and should be read even by non-specialists.’
– J.H.H. Weiler, Professor, NYU Law School and Senior Fellow, Center for European Studies, Harvard, US

‘This book is an inquiry into the development of global regulation of cultural heritage, examines every aspect of this branch of law, national and global, public and private, looks into its future, and provides an account of the construction of a supranational body of rules and a key to the understanding of successes and failures of this experiment. It captures the essence of the subject, will likely influence public debate on the crisis of the State regulation of cultural property and deserves a place of honor in the debate on globalization. One can read this book as an introduction to the study of cultural heritage law, a sociological essay on cultural integration, and an introduction to the development of a new field of law in the global space.’
– Sabino Cassese, University of Rome and Constitutional Court, Italy
Contents
Contents:
1 Introducing cultural heritage law and its dilemmas
2 Cultural heritage law in context: six dilemmas for this millennium
3 Globalizing cultural heritage law
4 Conclusion: inheriting our future

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