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The Routledge Handbook of Heritage and the Law

The Routledge Handbook of Heritage and the Law

Author: Lucas Lixinski; Lucie Morisset
Publisher: Routledge
ISBN: 9780367687632
Published In: February 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways.

Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement, rather than a passive regulatory object, the book’s three parts first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared.

The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies and urban studies, as well as in cultural intervention and planning.

1. Introduction: The Law as an Instrument for Heritage

Lucas Lixinski and Lucie K. Morisset

Part I - Scaffolding Heritage in the Law

2. Scaffolding Heritage in the Law. Introduction to the Section

Lucie K. Morisset

3. The Relations between Law and Heritage Studies

Lucas Lixinski

4. Heritage and Law: A Wholly Mutual Relationship

Janet Blake

5. Heritage Law in Relation to Art Law: From Object to Museum

Merima Bruncevic

6. International Cultural Heritage Law and Other International Legal Regimes

Hanna Schreiber and Sabrina Urbinatti

7. Cultural Heritage Law and Other Domestic Norms

Charlotte Woodhead

8. Translating International Heritage Standards into Domestic Law

Sophie Starrenburg

9. Culture and Heritage in Constitutional Law

Anita Vaivade and Harriet Deacon

10. Federalism and Heritage Law

Lucas Lixinski

11. Private International Law and Cultural Heritage

Evelien Campfens

12. Cultural Heritage and Property Law

Christa Roodt

13. Intellectual Property and Heritage Law: Mainstream and First Nations Perspectives

Hai-Yuean Tualima and Kathy Bowrey

14. Cultural Heritage in Urban Planning and Construction Law

Chiara Ravagnan

Part II - Acting on Heritage: Authority and Conflicts

15. Acting on Heritage: Authority and Conflicts. Introduction to the Section

Lucie K. Morisset

16. Sources of Heritage Law and Their Authority

Francesco Francioni

17. Legal Classification Within and Beyond Heritage Law

Nicholas Augustinos

18. Cultural Heritage Impact Assessments for Development Projects

Amy Strecker

19. Laws on the Use of the Public Space for Heritage Purposes

Valentina Zingari, William Long, amd Benedetta Ubertazzi

20. Who Speaks for Heritage? Standing to Pursue Action on Behalf of Heritage

Derek Fincham

21. Alternative Dispute Resolution and Heritage

Yoshiaki Sato

22. Cultural Heritage Export Controls

James Nafziger

23. Regulating Dealers

Marcilio Toscano Franca Filho and Fernando Loureiro Bastos

24. Heritage in Maritime Law

Piers Davies and Paul Myburgh

25. Heritage Suspension: Law on Public Emergencies

Anne-Marie Carstens and J. Peter Byrne

26. Heritage and Criminal Sanctions

Anna De Jong, Apsara Iyer, and Donna Yates

Part III - What Does Heritage Stand For? Questions Towards New Grounds

27. What Does Heritage Stand For? Questions Towards New Grounds. Introduction to the Section

Lucie K. Morisset

28. Heritage as Fact or Legal Issue

Federico Lenzerini

29. Contracting and Licensing for Heritage: Lessons from Fashion and Luxury Brands

Felicia Caponigri

30. Private Law-Making, Self-Regulation and Heritage

Charlotte Waelde

31. What is Heritage For? Law, Heritage, and Value

Diogo Machado

32. Human Remains as Cultural Heritage

Tullio Scovazzi

33. Religious Heritage and the Law

Lucas Lixinski

34. Heritage and Environmental Law

Federica Cittadino

35. Heritage and Human Rights Law

Andrzej Jakubowski

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