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Cultural Rights as Collective Rights: An International Law Perspective

Cultural Rights as Collective Rights: An International Law Perspective

Author: Andrzej Jakubowski
Publisher: Brill Nijhoff
ISBN: 9789004312012
Published In: July 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights.

Cultural Rights as Collective Rights: An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights.

Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights.

As such, Cultural Rights as Collective Rights: An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.

Acknowledgments

Foreword

Notes on Contributors

Select Abbreviations

Table of Cases

Table of Instruments

Introduction Andrzej Jakubowski

PART I CULTURAL RIGHTS – INDIVIDUAL OR COLLECTIVE?

CHAPTER 1 Cultural Rights as Collective Rights Miodrag Jovanović

CHAPTER 2 The Cultural Contingency of the Human Right to Freedom of Religion Lorenzo Zucca

CHAPTER 3 Individual and Collective Cultural Rights – Considered in the Light of Recent Developments in Cultural Heritage Law Janet Blake

PART II COLLECTIVE CULTURAL RIGHTS AND INTERNATIONAL HUMAN RIGHTS LAW

CHAPTER 4 Collective Cultural Right and International Human Rights Law Yvonne Donders

CHAPTER 5 Protection of Community Culture as a Part of Human Rights in International Law Kamrul Hossain

CHAPTER 6 The Safeguarding of Collective Cultural Rights through the Evolutionary Interpretation of Human Rights Treaties and Their Translation into Principles of Customary International Law Federico Lenzerini

PART III COLLECTIVE CULTURAL RIGHTS –REGIONAL PERSPECTIVES

CHAPTER 7 Cultural Heritage and the Collective Dimension of Cultural Rights in the Jurisprudence of the European Court of Human Rights Andrzej Jakubowski

CHAPTER 8 Collective Cultural Rights in Asia: Recognition and Enforcement William Logan

CHAPTER 9 Collective Cultural Rights as Human Rights Simpliciter: the African and African Charter Example Folarin Shyllon

CHAPTER 10 Collective Cultural Rights in the Inter-American Human Rights System Kristin Hausler

PART IV ENFORCEMENT OF COLLECTIVE CULTURAL RIGHTS

CHAPTER 11 International Legal Framework for the Enforcement of Collective Cultural Rights Francesco Francioni

CHAPTER 12 Standing and Collective Cultural Rights Ana Filipa Vrdoljak

CHAPTER 13 Collective Cultural Claims before the International Court of Justice Eleni Polymenopoulou

CHAPTER 14 From ‘Genocide’ to ‘Persecution’: ‘Cultural Genocide’ and Contemporary International Criminal Law Elisa Novic

Bibliography

Index.